HomeMy WebLinkAboutOrdinance 17-035-CC BOARD OF COUNTY COMMISSIONERS
Counfiy of Grant, State of Washington
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ORDINANCE NO. 17- ���„�� -CC
AN ORDINANCE AMENDING CHAPTER 11.34 OF THE GRANT
COUNTY CODE TITLED "OPERATION OF GOLF CART'S" RE:
REGULATION AND USE OF GOLF CARTS (OR SIMILAR VEHICLES)
ON PUBLIC PROPERTY
WITHIN GRANT COUNTY
WHEREAS, the Board of County Commissioners adopted by Grant County
Resolution and Ordinance No. 11-024-CC (2011), for the purpose of creating and
incorporating chapter 11.34 of the Grant County Code ("GCC"), the same now
comrnonly referred fio and cited as "Operation of Golf Carts"; and
WHEREAS, the Grant County Sheriff's Office has advised the Board of County
Commissioners that a��a-4 inspections of golf carts properly registered pursuant to
GCC 11 .34.040 are no longer necessary; and
. WHEREAS, the Grant County Sheriff's Office has further advised the Board of
County Commissioners that the operation of golf carts as contemplated chapter 11.34
GCC are and shall remain subject to all rules of the road applicable to motorized
vehicles as set forth in RCW 46.61, et seq. and WAC 308-330; and
WHEREAS, the Grant County Sheriff's Office has further advised the Board of
County Commissioners that amounts collected {^r �^�"^�c ��c��^+���c do not cover the
costs of administration and operation; and
WHEREAS, based on the recommendafiion of the Grant County Sheriff's Office,
the Board of County Commissioners has found and determined that it is in the best
interests of the County to amend chapter 11.34 GCC.
NOW, THEREFORE, BE IT HEREBY ORDAINED by the Board of County
Commissioners of Grant County, State of Washington, that chapter 11.34 GCC be
amended and is hereby amended as follows:
Section 1. Chapter 11.34 GCC adopted by Grant County Resolution and Ordinance
No. 11-024-CC (2011), and specifically GCC 11.34.040, is now amended to reflecfi as
follows:
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SECTIONS
11.34.010 Short Title.
11.34.020 Definitions.
11.34.030 Golf Cart Approval.
11.34.040 Golf Cart Registration.
11.34.050 Requirements and Re�trictions.
11.34.060 Penalty for Noncompliance.
11.34.070 Golf Cart Zone — Designation.
11.34.080 Severability.
11.34.010 Short title.
This chapter shall be known and may be commonly r�ferred to and cited as the
"Operation of Golf Carfs."
11.34.020 Definitions.
The following definitions shall be used in this Chapter. Where a word or term is
undefined reference shall be to RCW Title 46.
"Golf Cart" i� defined as a gas-powered or electric-powered four-wheeled vehicle that is
not designed to be operated at a speed of more than fiuventy five miles per hour (25
m.p.h.), whose purpose can include, but is not limifed fo, the playing of golf and as a
means of ordinary transportation, and is generally designed to carry two (2) persons
including the driver.
, "Operator" means any person who has received approval from Grant County Superior
Court or other court of competent jurisdiction to operate a golf cart upon those public
streets or roads located within a golf cart zone as a result of a physical impairment; or a
person at least sixteen years of age and who has completed a driver education course
or has had previous experience driving as a licensed driver. PROVIDED: A person who
has a revoked license under RCW 46.20.285 may not op�rate a golf cart as authorized
herein. FURTHER, PROVIDED: Upon receipt of an order from a court of competent
jurisdiction, any person desiring fo utilize a golf cart upon those public streets or roads
located within a golf cart zone shall send a copy of the order via U.S. Mail or provide the
same by hand delivery, to the Grant County Sheriff's Office and/or their designee. .
FURTHER, PROVIDED: "Operator" does not include county personnel or those
persons authorized by fihe Granf County Sheriff's Office to operate golf carts on public
streets or roads.
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"Street" or "Road" means the entire right of way width excluding the sidewalk and �
between the curb boundary lines and shoulder or swale of public property when any ;
part thereof is open to the use of the public for purposes of pedestrian, bicycle or �
vehicular travel including parking. ,
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"Sidewalk" and/or "Pedestrian Path" shall be that area paved with concrete, asphalt or
other similar material located within the right of way adjacent to a street or road
intended for the public purpose of pedestrian or bicycle travel.
11.34.030 Golf Cart Approval.
An Operator shall � °
complete an application, and install (required) equipment to establish that the golf cart is
in compliance with provisions set forth in this chapter_, a���� i��s#+�e�-�"a�;
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• . Ifi the
golf cart is in compliance with #his chapter, the Grant County Sheriff's Office shall issue
written approval authorizing the Operator to operate the golf cart on public streets and
roads located within a golf cart zone. No cart shall be operated on public streets or
roads located within a golf cart zone without a ' °
�3ff+�e��#ei�r-d�+g�ee-valid license and proper eauipment.
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11.34.040 Golf Cart Ftegistration.
Any person operating a golf cart upon public streets and roads located within a golf cart
zone shall register such golf cart with the Grant County Sheriff's Office prior to operation
within a designated golf cart zone. The sole purpose of the registration is to identify fhe
owners of the golf cart or golf carts being operated as provided herein. Registration of a
golf cart is not intended to and shztll not operate to warrant or guaranfiee that the golf
cart meets any particular standard or condition or that it may be safely operated.
Registration shall be made in the manner set forth as follows:
(a) Application for a golf cart registration shall be made upon a form provided by and to
the Grant County Sheriff's Office or their designee. An annual license fee as prescribed
by the Grant County Sheriff's Office shall be paid before each registration or renewal
thereof is granted.
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(b) Upon receiving proper application, with a $35 license fee, the Grant County Sheriff's !
Office is authorized to issue a golf cart registration number, which shall be effective for ;
one calendar year. ;
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(c) The Grant County Sheriff's Office shail not issue a gaif cart registration number for
any galf cart if there are reasonable grounds fio believe that fihe applicant is nat the
flwner of, or entitled to the possession of such golf cart.
(d) The Grant County Sheriff's Office shall keep a record �f the number of each
' registration, the date issued, the name and address of the persan to wham issued, and
a record af all registration or license fees collected.
(e} The Grant County Sherifif's Office, upon issuing a r�gistratian number, shall also
issue a decal bearing the registration number assigned to fihe galf cart.
(f� 5uch decal shall be firmly attached to the rear of the golf cart for which issued in
such position as to be plainly visible from fihe rear.
(g) No person shall remove a license plat or decal from a golf cart during the periad fior
which issued except upan a transfer of ownership ar in the event the golf cart is
dismantled and no langer oper�ted upan any public street or road within the jurisdiction
of Grant County.
(h) Upon the expiration of any golf cart registratian, the same may be renewed upon
application and paym�nt of the same fee as upon an original application.
11.34.050 Requirement� and R�strictions. .
Any person operating a golf cart upon streets �nd roads located within a golf cart zane
situated in Grant County shall camply with the fallowing.
{�} Required Eauipment 2 mirrors (left and center or riqhfi} seatbelts far all seats, and
at least 2 refiectars.
�b , Speed Limit Restriction. The use of golf carts shaN be prohibited on any public
street or road with a posted speed limit in exc�ss of twenty five miles per ho�r.
� 4peratian Upan Public Sidewalks Prohibited. No persan may operafie � golf cart
upon a public sidewalk ar pedestrian path except when crossing a sidewalk or
pedestrian path at or upon a driv�way, intersection or alley.
� Restricted Highways. Except as provided herein, na person may operate a golf cart
at any time upon any public street or road, except when crossing at an intersection.
,�e�, Rules of the Road — Obedience, Operators ofi golf cart� shall adhere to all rules ofi
the road applicable to matorized uehicles as set forth in RCW 46.61 , et seq. and WAC
308-330.
� Minimum Age Requirement — Operation. Every person np�rating a golf cart as
authorized herein must be at least sixfieen years of age and must have campieted a !
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driver education course or have previous experience driving as a licensed driver.
PROVIDED: A person who has a revoked license under RCW 46.20.285 may not
operate a golf cart as authorized herein.
� Restriction — Negligent Manner Operation. Golf carts shall not be operated on any
public street or road in a negligent manner. For the purpose of this subsection, "to
operate in a negligent manner" is defined as the operation of a golf cart in such a
manner as to endanger any person or property, or to obstruct, hinder, or impede the
lawful course of travel of any motor vehicle or the lawful use by any pedestrian of public
streets, sidewalks, paths, trails, walkways, or parks.
11.34.060 Penalty for Noncompliance.
No person may operate a golf cart on public streets or roads located outside those
areas designated as golf cart zones. Upon a determination that a violation of this
chapter has occurred, law enforcement officers may, pursuant to RCW 7.80, et seq.,
issue a Class I civil infraction with a fine not to exceed $250.00 to any included person,
including parent or guardian found in violation of the provisions of this ordinance.
PROVIDED: Golf cart operators shall also be subject to all duties, infractions and
penalties as set forth in RCW 46.61, et seq.
11.34.070 Golf Cart Zone — Designation.
The following described public streets or roads shall be designated as a golf cart zone
for the purposes of permitting the incidental operation of golf carts as set forth in this
' chapter:
Public streets and roads situated within the census-designated place commonly known
as "Desert Aire", to wit:
A tract of land located in Sections: 15, 22, 23, 26, 27, T 14 N, R 23 EWM
Grant Co. Washington, more particularly described as follows:
Beginning at the SE corner of the SW one quarter of said Section 23; thence, S
27°01' 49" E — A distance of 182.96 feet; thence S 62°58'11" W — A distance of
50.00 feet to the westerly right-of-way line of State Highway No. 243, being the
TRUE POINT OF BEGINNING.
Thence, continuing S 62°58'11" W — A distance of 468.83 feet; thence N
27°01'49" W, a distance of 173.88 feet; thence S 66°04'19" W, a distance of 200
feet to the easterly right-of-way line of Thunderbird Way, as depicted in Desert
Aire No. 1 Plat and field for record in Grant County, WA; thence southeasterly
along said easterly right-of-way line of Thunderbird Way. A distance of 200 feet
along a curve to the left having a radius of 1,040 feet and central angle of
11°01'06", and whose chord bears S 29°16'14" E. A distance of 99.69 feet to the
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narfhwesfi corner of Lot No. 1 of Desert Aire No. 1, a subdivision filed for record
in Book 9, at Page 38, �rant County, Washington; thence N 55°03'13" E — A
distance of 017.51 feet; thence S 39°Q8'OQ" E, � distar�ce of 698.48 feet to the 5E
corner of Lat No. 1 Q ofi said Desert Aire No. 1 pfat; thence S 50°52'QO" W, a
distance of 11Q.00 feet to the easterly right-of-way lins of said Thunderbird Way;
and the SW corner of said Lot 10; thence S 39°08'OQ" E, alang said easterly
right-of-way l9ne of said Thunderbird Way, a distance of 100.00 feet; thence
continuing along southerly and easterly right-of-way line of said Thunderbird
Way, 1,092.91 feet along an arc of a curve fio the right having central angel af
124°00'00" and radius of 505 feet; thence continuing along said southerly right-
of-way line, S 84°52'00" W — A distance of 100A0 feet; thence continuing along
said southerly right-of-way line of Thunderbird Way, 604�4� feet along the arc of
a curve ta the right, having radius of 2,34�.34 feet and central angle of �4°46'41";
thence continuing along said southeriy righf-of-way line of Thunderbird Way,
593.52 feet, along an arc of a curve ta the left, having a radius of 3,525,97 feet
and central angle af 9°00'00" W -- A distance of 153.76 fieet; thence continuing
a(ong said southerly right-of-way line af Thunderbird Way, 583.29 feet along an
arc of a curve to the left, having radius af 89$.70 feet and central ang(e of
39°50'53"; thence continuing along said scautherly right-ofPway line, of
Thunderbird Way, 49.35 fieet along an arc of a curve ta the (eft having radius of
30.00 feet and central angle ofi 94°15'17" to a point on the northeasterly right-of-
way line of 4rchard Drive, a street platted as par# of Desert Aire No. 3 and filed in
Boak 9 of plats at Page No. 7�, Grant County, Washington; thence continuing
alang said nartheasterly righfi-of-way line of Orchard Drive S 44°06'�0" �, a
distance af 299.77 feet; thence continuing alang said nor�heasterly right-of-way
iine of Urchard Drive 289.18 feet along an arc of a curve ta the right having
radius of 380.00 feet and central angle af 43°36'10"; thence continuing along said
nartheasterly right-of-way line of Orchard �rive S 00°30'00" E, a distance of '
141.70 feet; thence contit��ing along said nartheasterly right-of-way line of ;
4rchard Drive 96.64 �eet along the arc of a curve to the left having radius af ;
1,540 feet and central angle of 43°36'10"; thence, continuing along said �
northeasterfy right-of-way line of Orchard Drive S 44°06'1Q" E, a distar�ce of
150.41 feet; thence continuir�g along said northeasterly right-of-way lin� of ;
Orchard Qrive 3Q1,68 feet along the arc of a curve to the right, having radius of !
5,13Q.73 feet and central angle of 3°22'08".
Thence continuing along said northeasterly right-af-way line of Orchard Drive ;
298.15 feet alang the arc of a curve to the left having radius of 5,070.73 feet and
central angle of 3°22'08". Thence continuing along said northeasterly right-of-way
line of Orchard Drive S 44°06'10" E, a distance of 2,648.16 feet; thence !
continuing along said northeasterly right-of-way line of Orchard Drive 40.36 feet �
along an arc of a curve to the left having radius of 50.00 feet and central angle of
46°15'04"; thence, S 00°21'13" E, a distanc� of 30.00 feet ta a point on the south ,
line of said Section 26; thence S 89°38'47" W, along said south iine of Section
26, a distance of 355.84 feet to the S �f4 corner of said Section 26; fihence N i
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44°06' 10: W, along fihe southwesterly line of Desert Aire No. 6 as platted and
filed for record in Grant County, Washington, a distance of 3,397.16 feet, to the
southwesterly corner of Desert Aire No. 4, as platted and filed for record in Grant
County, Washington; thence continuing N 44°06'10" W along southwesterly line
of said Desert Aire No. 4, a distance of 264.72 feet to a point from whence the
west one quarter corner of said Section 26 bears S 89°41'15" W, 11�.40 feet
distant; thence continuing N 44°06'10" W, along said southwesterly line of Desert
Aire No. 4, a distance of 488.48 feet; thence N 40°58'00" W, along said
southwesterly line of Desert Aire No. 4, a distance of 3�5.37 feet to the
�outhwest corner of Desert Aire No. 2, as platted and filed for record in Grant
County, Washington; thence continuing N 40°58'00" W, along the southwesterly
line of said Desert Aire No. 2, a distance of 1,445.00 feet, to the southwesterly
corner ofi Desert Aire No. 1, as platted and filed for record in Gr�nt County, .
Washington; thence continuing N 40°58'00" W, along the southwesterly line of
said Desert Aire No. 1, a distance of 1,225.62 feet to a point from whence the
one quarter corner common to Sections 22 and 27 bears S 89°21'56" W, 446.48
feet distant; thence N 40°57'02" W along said southwesterly line of Desert Aire
No. 1, a distance of 693.36 feet; thence N 40°57'30" W along said southwesterly
line of Desert Aire No. 1, a distance of 539.38 feet to the SW corner of Desert
Aire No. 5 as filed for record in Grant County, Washington; thence continuing N
40°57'30" W along the southwesterly line of said Desert Aire No. 5, a dis#ance of
6734.22 feet; thence N 26°37'47" W, along said southwesterly line of Desert Aire
No. 5, a distance of 231.35 feet to the southwest corner of "Replat of Desert Aire
Condominiums" as filed for record in Grant County, Washington; thence N
26°37'47" W along the westerly line of said replat of Desert Aire Condominiums,
a distance of 850.00 feet to the SW corner of "Desert Aire No. 8" a s filed for
record in Grant Co., Washington; thence N 26°37'47" W, along the westerly line
of said Desert Aire No. 8, a distance of 1,614.79 to the NW corner of Lot 136 of
said Desert Aire No. 8; thence continuing N 26°37'47" W, along said westerly line
of Desert Aire No. 8, a distance of 1,500.00 feet to the northwest corner of said
Section 22; thence N 00°31'11" W, along said westerly line of Desert Aire No. 8,
a distance of 1,456.15 feet to the northwest corner of said Desert Aire No. 8;
thence n 88°39'15" E, along the northerly line of said Desert Aire N. 8, a distance
of 2,020.00 feet to the NE corner of said Desert Aire No. 8, also being the NW
corner of Desert Aire No. 9; thence N 89°05'12" E, along northerly line of said
Desert Aire No. 9, a distance of 2,376.04 feet to the northeast corner of said
Desert Aire No. 9; thence 103.18 feet along an arc of a curve to the left, having
radius of 3,459.02 feet and central angle of 1°42'32" and whose chord bears S
00°51'16" W 103.16 feet distant; thence S 00°26'24" W, a distance of 87.60 feet,
along the easterly line of said Desert Aire No. 9 to a point on the westerly line of
Desert Aire Division "C" as recorded in Grant County; thence along said westerly
line of Desert Aire Division "C", 603.12 feet along an arc of a curve to the left
having radius of 4,320 feet and central angle, of 8°00'00"; thence along said
westerly line of Desert Aire Division "C' 591.52 feet along the arc of a curve to
the right having radius of 2,824.31 feet and central angle of 12°00'00 thence
along said westerly line of Desert Aire Division "C" 782.00 feet along the arc of a
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curve fio the left having radius ofi 995.68 feet and central angle of 45°00'00 thence
along said westerly line of Desert Aire Division "C", 772.61 feet along the arc of a
curve to the right having radius of 1,702.59 feet and central angle of 26°00'00";
thence along said westerly line of Desert Aire Division "C" S 15°00'00" E, a
distance of 260.00 feet; thence continuing along said westerly line of Desert Aire
Division "C", 782.00 feet along the arc of a circle to the left having radius of
995.68 feet and central angle of 45°00'00"; thence continuing along said westerly
line of Desert Aire Division "C", S 60°00'00:" E, a distance of 600.00 feet; thence
continuing along said westerly line of Desert Aire Division "C", 734.88 feet along
an arc of a curve to the right, having radius of 9�5.68 feet and central angle of
45°00'00"; thence continuing along said westerly line of Desert Aire Division "C"
S 15°00'00" E, a distance of 235.00 feet; thence continuing along said westerly
line of Desert Aire Division "C" 625.35 feet along the arc of a curue to the right
having a radius of 529.64 feet and central angle of 67°39'00"; thence continuing
along said westerly line of Desert Aire Division "C" S 52°39'00" W, a distance of
216.08 feet; thence continuing along said westerly line of Desert Aire Division "C"
46.05 along an arc of a curve to the right having radius of 30.00 feet and central
angle of 87°56'28" to a point on the northeasterly right-of-way line of Desert Aire .
Drive as recorded on Desert Air No. 1 Plat filed in Grant Counfiy, Washington;
thence 58.93 feet along the arc of a curve to the right, and along said
northeasterly right-of-way line ofi Desert Aire Drive, having radius of 1,640.00 feefi .
and central angle of 2°03'32" and whose chord bears S 38°22'46" E, 58.92 feefi
distant; thence continuing along said northeasterly right-of-way line of Desert Aire
Drive S 37°21'00" E, a distance of 775.00 feet; thence continuing along said
northeasterly right-of-way line of Desert Aire Drive 989.60 feet along the arc of a
curve to the left having radius of 710 feefi and central angle of 79°51'34"; thence
continuing along said northeasterly right-of-way line of Desert Aire Drive N
62°47'26" E, a distance ofi 66.33 feet; t�ence continuing along said northeasterly
right-of-way line of Desert Aire 47.12 feet along an arc of a curve to the left
having a radius of 30.00 feet central angle of 90° to the westerly right-of-way line
of State Highway No. 243; thence continuing along said westerly right-of-way line
of State Highway No. 243; S 27°12'34" E, a distance of 672.94 feet; thence
continuing along said westerly right-of-way line of State Highway No. 243 S
27°01'49" E, a distance of 182.88 feet to the TRUE POINT OF BEGINNING.
The following parcel of land is not included in the water service boundary:
EXCEPT a tract of land located in the REPLAT PART OF DESERT AIRE NO. 1;
and also part of DESERT AIRE AIRPORT I'ARCEL, located in Section 22 and
25, Township 14 North, Range 23 EWM and filed for record in Grant County,
Washington and more particularly described as follows:
Commencing at the most westerly corner of Lot 403, REPLAT PART OF
DESERT AIRE NO. 1, thence North 25°21'00" East a distance of 140.00 feet
along the westerly line of said Lot 403 to the TRUE POINT OF BEGINNING;
thence continuing North 25°21'00" East a distance of 135.00 feet to the north
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corner of parcels of land conveyed to G. Bruce Eskildsen, recorded under
Auditor's File Numbers 748444 and 775722, records of Grant County,
Washington; thence South 64°39'00" East a distance of 150.00 feet to the
westerly line of said REPLAT PART OF DESERT AIRE NO. 1; thence South
64°39'00" East a distance of 30 feet to the most northerly corner of Lot 405,
REPLAT PART OF DESERT AIRE NO. 1; thence South 25°21'00" West a
distance of 30.00 feet to the easterly corner of Lot 404, REPLAT PART OF
DESERT AIRE NO. 1; thence North 64°39'00" West a distance of 180.00 feet
along the northerly line of said Lot 404 and said Lot 403, REPLAT PART OF
DESERT AIRE NO. 1 to the TRUE POINT OF BEGINNING.
The following parcel of land known as the Rodeo Grounds is also to be included
in the water service boundary and is entitled to a maximum of two (2) residential
service connections:
That portion of the southeast quarter of Section 23, Township 14 North, Range
23 E.W.M., Grant County, Washington described as follows:
Commencing at the intersection of the centerline of Desert Aire Drive with the
south line of said Section 23, 12 shown on the plat of Desert Aire Division "A",
recorded in Volume 9 of Plats, Page 49 and 50, records of Grant County,
Washington; thence north 36°35'00" west along said road center line a distance
of 10.47 feet; thence north 53°25'00" E, a distance of 40.00 feet to the easterly
right-of-way margin of said Desert Aire Drive; thence north 36°35'00" west along
said right-of-way margin for a distance of 560.00 feet to the TRUE POINT OF
BEGINNING; thence continue on said right-of-way margin on a curve to the left
having a radius of 747.17 feet and consuming an angle of 33°04'56" for 431.41
feet to a point hereinafter referred to as Point "A", thence continue on said righfi-
of-way margin on said curve to the left having a radius of 747.17 feet and
consuming an angle of 00°45'21" for 9.86 feet; thence north 53°25'00" E, a
distance of 501.56 feet; thence south 46°35'00" east, a distance of 250.62 feet to
a point hereafter referred to as Point "B"; thence continue south 36°35'00" E, a
distance of 165.44 feet; thence South 53°25' W, a distance of 375.00 feet to the
TRUE POINT OF BEGINNING.
Public streets and roads situated within the development commonly known as "Sunland
Estates", to wit:
That portion of Section 2, Township 18, Range 22 East, W.M., Grant County,
lying easterly of Wanapum Reservior Project Boundary Line and that portion of
Section 11, Township 18, Range 22 East, W.M., Grant County, Washington, lying
easterly and northerly of said boundary line and that portion of Section 12,
Township 18, Range 22 East, W.M. lying easterly of Wanapum Reservoir Project
Boundary Line, and northerly and westerly of Sunland Road S.W., Section Place
S. and Y.5 Road S.W.
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Public streets and roads situated within the development commonly known as
"Sunserra at Crescent Bar", to wit:
That portion of Crescent Bar Road commencing at the East end of Bridge #301
after Milepost 1.76 and proceeding southwesterly to Mileposfi 2.72, thence
continuing 90 degrees west to the point of Wanapum Ferry Landing.
11.34.080 Severability.
If any section, subsection, sentence, clause, phrase, words, word of this chapfier is for
any reason found to be unconstitutional or otherwise invalid, such unconstitutionality or
invalidity shall not affect the constitutionality or validity of the remaining portions of this
chapter, it being expressly declared that each section, subsection, sentence, clause,
phrase, words or word would have been prepared, proposed, adopted, approved and
ratified irrespective of the fact that any one or more section, subsection, sentence,
clause, phrase, words, or word be declared or otherwise found unconstitutional or
invalid for any reason.
DATED this _ �� day of� , 2017.
BOARD OF COUNTY
COMMISSIONERS
Yea Nay Abstain R�NT COUNTY, WASHINGTON
( ��`' '
� ❑ ❑ ' �
Cindy C rter, hair
/�TT� T. n __..____`--
� � � Richard Stevens Member
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���
arbara J.? a � j�
Clerk of the a � � � Tom Taylor, Member
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