Franchise to McDaniel Telephone Company AFTER RECORDING RETURN TO:
Lewis County Public Works Dept.
2025 NE Kresky Ave
Chehalis, WA.98532
Tax Parcel Number:N/A Road Right of Way
BEFORE THE BOARD OF COMMISSIONERS
FOR LEWIS COUNTY, WASHINGTON
IN THE MATTER OF:
A non-exclusive franchise to McDaniel Telephone )
Company d/b/a TDS Telecom,to construct, operate,and ) RESOLUTION N0.18- 00
maintain telecommunications facilities in Lewis County ) Non-exclusive Franchise
rights of way; and setting forth condition accompanying )
a grant of a non-exclusive franchise,and administration )
and regulation of the non-exclusive franchise. )
WHEREAS, McDaniel Telephone Company d/b/a TDS Telecom has applied to the
Board of County Commissioners of Lewis County, pursuant to Chapter 36.55 RCW and Chapters
12.25 through 12.50 LCC, for a nonexclusive franchise to construct, operate and maintain
telecommunications facilities within County rights of way;and
WHEREAS, the County under Titles 5 & 12 LCC provides for the regulation of use of
County rights of way for telecommunications facilities located in or using County rights of way;
and
WHEREAS, pursuant to RCW 36.55.040, notice was posted in three public places in the
County seat at least fifteen(15) days before the hearing date, and notice was published twice in the
official County newspaper, the last publication being not less than five (5) days before the date
fixed for the hearing; and
WHEREAS, pursuant to RCW 36.55.040, a hearing on the application for franchise was
held on the 54``day of W w e4Y f 4i-- , 2018; and
WHEREAS, the Board finds that it is in the public interest and has made a determination
under Chapters 12.25 through 12.50 LCC to grant McDaniel Telephone Company d/b/a TDS
Telecom application for a nonexclusive franchise to construct, operate and maintain
RESOLUTION NO. 18- SD Page 1 of 17
NONEXCLUSIVE TELECOMMUNICATIONS FRANCHISE
telecommunications facilities within County rights of way;
NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners for
Lewis County, Washington, that a nonexclusive franchise is hereby granted to construct, operate,
and maintain telecommunications facilities in all Lewis County rights of way, under the following
express terms and conditions:
Section 1. Franchise
1.1 Definitions. Terms as used throughout this franchise shall have the same meanings
given in Section 12.25.020 LCC and Section 12.20.020 LCC. Words not otherwise defined shall be
given their common and ordinary meaning.
1.2 Grant of Franchise. Lewis County, a Washington municipal corporation and
subdivision of the State (hereinafter "County") hereby grants McDaniel Telephone Company
d/b/a TDS Telecom (organized under the laws of the State of Washington) (hereinafter
"Grantee"), a nonexclusive franchise for the installation, construction, operation, and maintenance
of telecommunications facilities within the rights of way of unincorporated Lewis County. The
following conditions shall apply to the franchise granted herein:
A. The franchise granted shall not convey any right,title or interest in the rights of way
but shall be deemed a franchise only to use and occupy the rights of way for the limited purposes
and term stated herein. The franchise shall not convey any right, title, or interest in rights of way
that the County has an interest in only through agreement and does not possess an easement in the
right of way.
B. The franchise granted shall not authorize or excuse Grantee from securing such
further easements, leases, permits or other approvals as may be required to lawfully occupy and use
the rights of way.
C. The franchise granted shall not be construed as any warranty of title or interest in
any right of way; it does not provide the Grantee with any interest in any particular location within
the right of way;and it does not confer rights other than as expressly provided in the grant hereof.
D. No act, event, occurrence or thing shall give Grantee any rights to occupy or use the
rights of way permanently nor shall operate as an estoppel against the County.
E. This franchise is granted subject to the terms and conditions contained in Chapter
12.20 LCC, Installation of Utilities on Lewis County Rights of Way, and the Lewis County
Telecommunications Ordinance 1171, hereinafter the "Ordinance," as they are now written or as
later amended, which shall apply in addition to the provisions of this franchise. Provisions of
Chapter 12.20 LCC and the Ordinance shall control over inconsistent terms contained in this
franchise; provided, however, that Section 3.2 of this franchise, Release, Indemnity and Hold
Harmless, shall control for this franchise over inconsistent provisions of Chapter 12.20 LCC and
the Ordinance as they are currently adopted.
F. The matters contained in Grantee's franchise application and all subsequent
applications or proposals for extensions or renewals of this franchise, except as inconsistent with
RESOLUTION NO. 18- Page 2 of 17
NONEXCLUSIVE TELECOMMUNICATIONS FRANCHISE
law, regulations or local ordinance, are hereby incorporated by reference.
1.3 Term of Franchise. The term of this nonexclusive franchise shall be five (5) years
from the date of this franchise. This franchise may be renewed, at the sole discretion of the
County by resolution of the Board of County Commissioners, for one additional five (5) year
period upon the written request of, such request to be submitted not more than two (2) years nor
less than one hundred eighty(180) days prior to the expiration of the initial five (5)year term.
1.4 Nonexclusive Franchise. The franchise granted herein shall be nonexclusive. The
County specifically reserves the right to grant, at any time, such rights, permits, licenses and/or
franchises to other Persons to use the rights of way for similar or different purposes allowed
hereunder as the County deems appropriate. Subject to this franchise, Grantee shall not prevent or
prohibit the County from constructing, altering, maintaining or using any of said rights of way, or
affect its jurisdiction over them or any part of them, the County having full power and authority to
make all necessary changes, relocation, repairs, or maintenance of said rights of way as the County
deems appropriate.
1.5 Renewal Applications. If Grantee desires to renew this franchise, Grantee shall
comply with Section 12.37.120 LCC.
1.6 Renewal Determinations. Within 120 business days after receiving a signed copy
of the new franchise agreement executed by the Grantee, the BOCC shall make a determination on
behalf of the County granting or denying the renewal application in whole or in part. If the renewal
application is denied, the determination shall include the reasons for non-renewal. The criteria in
Section 12.37.130 LCC shall apply when determining whether to grant or deny the application, and
the Board may also consider Grantee's compliance with the requirements of Chapter 12.20 LCC,
and this franchise.
1.7 Obligation to Cure as a Condition of Renewal. This franchise shall not be
renewed until any ongoing violations or defaults in Grantee's performance of this franchise, of the
requirements of the Ordinance, and all applicable laws, statutes, codes, ordinances, rules and
regulations have been cured, or a plan detailing the corrective action to be taken by Grantee has
been approved by the Administrator. Failure to comply with the terms of an approved plan shall be
grounds for non-renewal or immediate revocation of this franchise.
1.8 Franchise Territory. The franchise territory shall be that territory set out in
Exhibit A attached hereto and made a part hereof. The franchise granted herein does not give or
grant to Grantee the right, privilege or authority to install telecommunications facilities at any other
location in the County.
1.9 Amendment of Franchise for Territory Changes. If Grantee desires to extend or
locate its utilities in rights of way which are not included in this franchise, Grantee shall apply in
writing for an amendment to the franchise. If the County orders Grantee to locate or relocate its
RESOLUTION NO. 18- J31) Page 3 of 17
NONEXCLUSIVE TELECOMMUNICATIONS FRANCHISE
telecommunications facilities in rights of way not included in this franchise, the County shall grant
a franchise amendment for the territory change without further application.
1.10 Right to Require Removal of Property. At the expiration of this franchise, and if
Grantee has not obtained a new franchise from the County, the County shall have the right to
require Grantee to remove all or any part of Grantee's telecommunications facilities under this
franchise from the rights of way and restore the affected area, all at Grantee's expense. Removal
and restoration shall be to the satisfaction of the County Engineer. If Grantee fails to do so, the
County may perform the work or cause it to be done and collect the cost thereof from Grantee. The
actual cost thereof, including direct and indirect administrative costs, shall be a lien upon all
property of Grantee effective upon filing of the lien with the Lewis County Auditor.
Section 2. Operation in Rights of Way
2.1 Construction or Alteration.
A. Telecommunications facilities shall be constructed, operated and maintained in
accordance with this franchise and all applicable Federal, State and County codes, rules and
regulations, including, but not limited to, Chapter 12.20 LCC and the Ordinance. Grantee shall
comply with all lawful County resolutions and ordinances regarding the acquisition of permits
and/or such other items as may be required in order to construct, operate, and maintain its
telecommunications facilities. Grantee shall pay to the County all reasonable costs of granting or
enforcing the provisions of this franchise including, but not limited to, County fees related to the
issuance of utility permits.
B. Grantee shall not construct, maintain, repair, relocate, or remove its facilities within the
rights of way without obtaining a utility permit (Application to Perform Work on County Right of
Way). Applications for utility permits to construct Grantee's facilities shall be in compliance with
the provisions of Chapter 12.20 LCC. As part of the permitting process, the County may impose
such conditions and regulations as are necessary for the purpose of protecting any structures in such
rights of way, proper restoration of such rights of way and structures, the protection of the public,
and the continuity of pedestrian or vehicular traffic. Such conditions may also include the provision
of a construction schedule and maps showing the location of the facilities to be installed in the right
of way. All work authorized and required hereunder shall be done in a safe, thorough, and
workmanlike manner. All installations of equipment shall be permanent in nature, durable, and
installed in accordance with good engineering practices.
C. Within limits reasonably related to the County's role in protecting public health,
safety and welfare, the County may require that telecommunications facilities be installed at a
particular time, at a specific place or in a particular manner as a condition of access to a particular
right of way; may deny access if Grantee is not willing to comply with County's requirements; and
may remove, or require removal of, any facility that is not installed in compliance with the
requirements established by the County, and may require Grantee to cooperate with others to
minimize adverse impacts on the rights of way through joint trenching and other arrangements.
2.2 Non-Interference. In installing, constructing, operating, repairing, and maintaining
RESOLUTION NO. 18- "3c) Page 4 of 17
NONEXCLUSIVE TELECOMMUNICATIONS FRANCHISE
its telecommunications facilities, Grantee shall not interfere with the use of the rights of way by the
County, by the general public or other persons authorized to use or be present in or upon the rights
of way. Work in the right of way, on other public property, near public property, or on or near
private property shall be done in a manner that causes the least interference with the rights and
reasonable convenience of property owners and residents. Grantee's telecommunication facilities
shall be constructed and maintained in such manner as not to interfere with any other pipes, wires,
conduits, pedestals, structures, or other facilities that may have been laid in the rights of way by, or
under, the County's authority. In the event of such interference, the County may require the
removal or relocation of Grantee's telecommunications facilities from the property in question at
Grantee's expense.
2.3 Construction Schedule and Notice of Work. Unless otherwise provided herein,
Grantee or any Person acting on Grantee's behalf, shall comply with the notice provisions set out in
Chapter 12.20 LCC.
2.4 Traffic Control. Grantee shall comply with the traffic control provisions set out in
Chapter 12.20 LCC.
2.5 Relocation or Removal of Telecommunications Facilities. In the relocation or
removal of Grantee's telecommunications facilities, Grantee shall comply with Chapter 12.20 LCC
and the Ordinance.
2.6 Consistency with Designated Use. Notwithstanding this franchise to use County
rights of way, no right of way shall be used by Grantee if the County determines that such use is
inconsistent with the terms, conditions or provisions by which such right of way was created or
dedicated, or presently used under State and local laws.
2.7 Restoration of Rights of Way. Grantee shall comply with the restoration of rights
of way conditions set out in Chapter 12.20 LCC.
2.8 Restoration of Improvements. Upon completion of any construction work,
Grantee shall make restoration in accordance with Chapter 12.20 LCC.
2.9 Rights of Way and Other Public Property. Grantee shall warrant any restoration
work performed by or for Grantee in the right of way or on other public property for one (1)year. if
restoration is not satisfactorily performed by the Grantee within a reasonable time,the County may,
after 48 hours prior notice to the Grantee, or without notice where the disturbance or damage may
create a risk to public health or safety, cause the repairs to be made and recover the cost of those
repairs from the Grantee. Within thirty (30) days of receipt of an itemized list of those costs,
including the costs of labor, materials and equipment,the Grantee shall pay the County.
2.10 Telecommunications Facilities Maps. Grantee shall provide the County with
telecommunications facilities maps in accordance with Section 12.20 LCC and the Ordinance.
RESOLUTION NO. 18- '.3�4 Page 5 of 17
NONEXCLUSIVE TELECOMMUNICATIONS FRANCHISE
2.11 As-Built Drawings. If an Engineer's Certification is required under Chapter 12.20
LCC, then, in addition to the requirements of Section 2.10 of this franchise, Telecommunications
Facilities Maps,Grantee shall provide as-built drawings in accordance with Chapter 12.20 LCC.
2.12 Aesthetic and Scenic Considerations.Grantee shall comply with Chapter 12.20 LCC.
2.13 Damage to Grantee's Telecommunications Facilities. To the extent permitted by
Washington law, the County shall not be liable for any damage to or loss of any of Grantee's
telecommunications facilities or any interruption in telecommunications services within the rights
of way as a result of or in connection with any emergency removal or relocation, public works,
public improvements, construction, excavation, grading, filling, or work of any kind in the rights of
way by or on behalf of the County or any person under contract with the County, except for damage
caused by the sole negligence of the County, including, but not limited to, damages, losses, or
liability arising from the issuance or approval by the County of a permit, license or franchise to any
third party.
2.14 Location of Telecommunications Facilities. All telecommunications facilities
shall be constructed, installed, and located in accordance with Chapter 12.20 LCC and the
Ordinance. Consistent with any general County undergrounding policy or program now or
hereafter developed, the County may require Grantee's participation in County imposed
undergrounding or related requirements at Grantee's expense. Grantee agrees to coordinate its
underground installation and planning activities with the County's underground plan and policies.
2.15 Hazardous Substances.
A. Grantee shall comply with any and all applicable laws, statutes, regulations and
orders concerning hazardous substances relating to Grantee's telecommunications facilities in the
rights of way.
B. Grantee agrees to indemnify the County against any claims, costs, and expenses, of
any kind, whether direct or indirect, incurred by the County arising out of a release of hazardous
substances caused by Grantee's telecommunications facilities.
2.16 Notice to Private Property Owners Grantee shall give notice to private property
owners of work on or adjacent to private property.
2.17 County Use of Trenching. The Grantee and the County recognize that situations
may occur in the future where the County may desire to place its own cable or conduit in trenches
or bores opened by the Grantee. The Grantee agrees to cooperate with the County in any
construction by the Grantee that involves trenching or boring, provided that the County has first
notified the Grantee in some manner that it is interested in sharing the trenches or bores in the area
where the Grantee's construction is occurring. The Grantee shall allow the County to lay its cable
or conduit in the Grantee's trenches and bores, provided the County shares in the cost of the
trenching and boring on the same terms and conditions as the Grantee at that time shares the total
RESOLUTION NO. 18- 3JD Page 6 of 17
NONEXCLUSIVE TELECOMMUNICATIONS FRANCHISE
cost of trenches and bores. The County shall be responsible for maintaining its respective cable or
conduit buried in the Grantee's trenches and bores under this paragraph.
2.18 Movement of Telecommunications System Facilities for Other Franchise
Holders. If any removal, replacement, modification or disconnection of the telecommunications
system is required to accommodate the construction, operation or repair of the facilities or
equipment of another County franchise holder, Grantee shall, after at least thirty (30) days' advance
written notice, take action to effect the necessary changes requested by the responsible entity.
Grantee may require that the costs associated with the removal or relocation be paid by the
benefited party.
2.19 Work of Contractors and Subcontractors. Grantee's contractors and
subcontractors shall be licensed and bonded in accordance with state law. Work by contractors and
subcontractors is subject to the same restrictions, limitations and conditions as if the work were
performed by Grantee. Grantee shall be responsible for all work performed by its contractors and
subcontractors and others performing work on its behalf as if the work were performed by it, and
shall ensure that all such work is performed in compliance with this franchise and other applicable
law, and shall be jointly and severally liable for all damages and correcting all damage caused by
them. It is Grantee's responsibility to ensure that contractors, subcontractors or other persons
performing work on Grantee's behalf are familiar with the requirements of this franchise and other
applicable laws governing the work performed by them.
2.20 Inspection of Construction and Facilities. The County may inspect any of
Grantee's facilities, equipment or construction at any time upon at least twenty-four (24) hours
notice, or, in case of emergency, upon demand without prior notice. The County shall have the right
to charge generally applicable inspection fees therefor. If an unsafe condition is found to exist, the
County, in addition to taking any other action permitted under applicable law, may order Grantee,
in writing, to make the necessary repairs and alterations specified therein forthwith to correct the
unsafe condition by a time the County establishes. The County has the right to correct, inspect,
administer and repair the unsafe condition if Grantee fails to do so, and to charge Grantee therefor.
2.21 Stop Work.
(A) On notice from the County that any work is being performed contrary to the provisions of this
franchise, or in an unsafe or dangerous manner as determined by the County, or in violation of the
terms of any applicable permit, laws, regulations, ordinances, or standards, the work may
immediately be stopped by the County.
(B)The stop work order shall:
(1)Be in writing;
(2) Be given to the person doing the work, or posted on the work site;
(3) Be sent to Grantee by overnight delivery at the address given herein;
(4) Indicate the nature of the alleged violation or unsafe condition; and
(5) Establish conditions under which work may be resumed.
RESOLUTION NO. 18- 4 G Page 7 of 17
NONEXCLUSIVE TELECOMMUNICATIONS FRANCHISE
Section 3. Financial Provisions
3.1 Financial Security. LCC 12.20 states that the County may require financial security to
insure completion of construction before any construction work is started by Grantee. After
consideration of the type of project planned by Grantee, and that the Permit issued by the Public
Works Department before construction starts may require a bond, financial security is not being
required as part of this franchise.
3.2 Indemnity and Hold Harmless.
Grantee shall indemnify, defend, and hold the County, its appointed and elective officials,agents,
officers, and employees harmless from and against any and all claims, demands, liability, loss,
cost, damage, or expense of any nature whatsoever including all costs and attorney's fees, made
against the County, its agents, officers, or employees on account of injury, harm, death, or
damage to persons or property arising out of or in connection with Grantee's construction,
operation, use, or maintenance of Grantee's Facilities, except that such indemnification shall not
extend to nor include any liability due to the sole negligence of the County, its elected and
appointed officials, agents, officers, and employees acting within the scope of their employment.
Grantee shall indemnify, defend, and hold the County, its appointed and elected officials, agents,
officers, and employees harmless from and against any and all claims, demands, liability, loss,
cost, damage, or expense of any nature whatsoever including all costs and attorney's fees, made
against the County on account of violation of any environmental laws applicable to the Facilities,
or from any release of petroleum products or hazardous substances on or from the Facilities,
except for any such claims, demands, liability, loss, cost, damage, or expense of any nature
whatsoever including costs and attorney's fees caused by the sole negligence of the County, its
elected and appointed officials, agents, officers or employees acting within the scope of their
employment. This indemnity includes, but is not limited to: (a) liability for a governmental
agency's costs of removal or remedial action for hazardous substances; (b) damages to natural
resources caused by hazardous substances, including the reasonable costs of assessing such
damages; (c) liability for any other person's costs of responding to hazardous substances; and (d)
liability for any costs of investigation, abatement, correction, or cleanup; or fines, penalties, or
other damages arising under any environmental laws.
Grantee's indemnification obligations include assuming potential liability for actions brought by
Grantee's own employees and the employees of Grantee's agents, representatives, contractors,
and subcontractors even though Grantee might be immune under Title 51 RCW from direct suit
brought by such employees. It is expressly agreed and understood that this assumption of
potential liability for actions brought by the aforementioned employees is limited solely to claims
against the County arising by virtue of Grantee's exercise of the rights set forth in this
Agreement. The obligations of Grantee under this section have been mutually negotiated by the
Parties, and Grantee acknowledges that the County would not enter into this Agreement without
Grantee's waiver. To the extent required to provide this indemnification and this indemnification
only, Grantee waives its immunity under Title 51 RCW as provided in RCW 4.24.115.
In the event any matter (for which the County intends to assert its rights under this Section 3.2) is
RESOLUTION NO. 18- 330 Page 8 of 17
NONEXCLUSIVE TELECOMMUNICATIONS FRANCHISE
presented to or filed with the County, the County shall promptly notify Grantee thereof, and
Grantee shall have the right, at its election and at its sole cost and expense, to settle and
compromise such matter as it pertains to Grantee's responsibility to indemnify, defend, and hold
harmless the County, its agents, officers, or employees. In the event any suit or action is started
against the County based upon any such matter, the County shall likewise promptly notify
Grantee thereof, and Grantee shall have the right, at its election and at its sole cost and expense,
to settle and compromise such suit or action, or defend the same at its sole cost and expense, by
attorneys of its own election, as it pertains to Grantee's responsibility to indemnify, defend, and
hold harmless the County, its agents, officers, or employees.
Acceptance by the County of any work performed by Grantee under this Agreement shall not be
grounds for avoidance of this Section 3.2.
The provisions of this Section 3.2 shall survive the termination or expiration of this Agreement.
3.3 Insurance. As a condition of this franchise, Grantee shall secure and maintain the
following liability insurance policies.
A. Commercial General Liability Insurance, and if necessary, Umbrella Liability
Insurance, which will cover bodily injury, property damage, and any other exposure which can be
reasonably identified as potentially arising from Grantee's activities within the rights of way. The
limit of liability shall not be less than two million dollars ($2,000,000) each occurrence. The
County, its elected and appointed officers, officials, employees, agents, and representatives shall be
named as additional insureds with respect to activities occurring within its rights of way. Coverage
shall be comprehensive with respect to Grantee's activities within the rights-of way and shall
include completed operations, explosions, collapse, and underground hazards. Any insurance or
self-insurance maintained by the County, its officers, officials, boards, commissions, employees and
agents shall be in excess of the Grantee's insurance and shall not contribute to it.
B. Business Automobile Liability Insurance for owned, non-owned and hired vehicles
with limits of not less than two million dollars ($2,000,000) per person, three million dollars
($3,000,000) per accident.
C. Workers' Compensation insurance as required by Title 51 RCW and Employer's
Liability Coverage with a limit of not less than one million dollars ($1,000,000).
D. The insurance policies required by Section 3.3 shall be maintained at all times by
Grantee. Each liability policy shall be endorsed to require the insurer to notify the County at least
forty-five (45) days before the policy can be canceled by either party, and to require notice of
cancellation due to non-payment of premium to be mailed to the Administrator as well as the
named insured. Grantee will be obligated to replace or renew the canceled or expiring policy and
show proof in the form of a certificate of insurance, at least twenty (20) days before the expiration
or cancellation of the existing policy(ies).
E. Grantee shall furnish the Public Works Real Estate Services Manager with properly
executed certificates of insurance naming Lewis County as primary, non-contributory, additionally
insured, or a signed policy endorsement which shall clearly evidence all insurance required in
Section 3.3.
RESOLUTION NO. 18- 530 Page 9 of 17
NONEXCLUSIVE TELECOMMUNICATIONS FRANCHISE
F. Grantee or its agent will provide a copy of any and all insurance policies specified in
this franchise upon request of the Administrator.
G. The insurance limits mandated for any insurance coverage required by this franchise
are not intended to be an indication of limits of exposure nor are they limitations on liability or
indemnification.
H. By acceptance of this franchise, Grantee agrees that failure to procure or maintain
the required insurance shall constitute a material breach of this franchise and that the County may
immediately terminate this franchise or, at the County's discretion, procure or renew such insurance
to protect the County's interests and be reimbursed by Grantee for all premiums paid in connection
therewith.
I. McDaniel Telephone Company d/b/a TDS Telecom as Grantee, shall be deemed
to be in compliance with insurance and bonding provisions of this agreement if it maintains a
program of, or membership in a program of, self-insurance providing for a retention of up to
$2,000,000.
3.4 Compensation. The franchise granted hereunder is subject to the County's right,
which is expressly reserved, to annually fix a fair and reasonable compensation for the
authorization granted hereunder, and to reimburse the County's costs in connection with
administration and oversight of this franchise, and in connection with reviewing, inspecting,
monitoring and supervising the use and occupancy of the rights of way. Nothing herein shall
prohibit the County and Grantee from agreeing upon the compensation to be paid.
This franchise shall not be interpreted to prevent the County from imposing additional
lawful conditions, including additional compensation conditions for use of the rights of way, should
Grantee provide service other than telecommunications service.
3.5 Reimbursement. Except as provided in Subsection 3.4 C., Grantee shall reimburse
County within thirty (30) calendar days after receipt of written demand for all reasonable amounts
paid and costs incurred by the County in relation to this franchise or the enforcement thereof.
Section 4. Additional Franchise Provisions
4.1 Publication Costs. Grantee shall assume the costs of publication associated with
this franchise as such publication is required by law.
4.2 Vacation.
A. If the County vacates all or portion of any County rights of way which is subject to
rights granted by this franchise, and said vacation is for the purpose of acquiring the fee or other
property interest in said rights of way for the use of the County in either its proprietary or
governmental capacity, the Board may, at its option and by giving forty-five (45) days written
notice to Grantee, terminate this franchise with reference to any County rights of way so vacated,
and the County shall not be liable for any damages or loss to Grantee by reason of such termination.
RESOLUTION NO. 18- 3a Page 10 of 17
NONEXCLUSIVE TELECOMMUNICATIONS FRANCHISE
B. Whenever a County right of way or any portion thereof is vacated upon a finding
that it is not useful and the public will be benefited by the vacation, the County may retain an
easement in respect to the vacated land for the installation, construction, repair and maintenance of
public utilities and services which at the time of the vacation are specifically authorized under this
franchise or physically located on a portion of the land being vacated, but only in accordance with
the provisions of RCW 36.87.140. The County shall not be liable for any damages or loss to
Grantee by reason of any such vacation.
4.3 Eminent Domain. This franchise is subject to the power of eminent domain and
the right of the Board or the people acting for themselves through the initiative or referendum
process to repeal, amend, or modify this franchise. In any proceeding under eminent domain, this
franchise itself shall have no value.
4.4 Revocation or Termination.
A. This franchise may be revoked as provided in the Ordinance after notice, an
opportunity to cure, and a hearing as provided in the Ordinance.
B. In addition to Section 4.4 A. of this franchise, upon failure of Grantee, after written
notice, to perform properly and completely each term, condition, or obligation imposed upon it
pursuant to this franchise, the County may terminate this franchise,
C. At the expiration of the term of this franchise or upon its revocation or termination,
the County shall have the right to require Grantee to remove its telecommunications facilities
within ninety (90) days from the County rights of way. Grantee shall be liable for any costs
incurred in removing any telecommunications facilities of Grantee and restoring any County rights
of way. In removing its plant, structures and equipment, Grantee shall refill, at its own expense,
any excavation that is made by it and shall leave all rights of way, public places and private
property in as good condition as that prevailing prior to Grantee's removal of its equipment without
affecting the electrical or telephone cable wires or attachments. The indemnification and insurance
provisions and the letter of credit shall remain in full force and effect during the period of removal.
The indemnification and insurance provisions and the letter of credit shall remain in full force and
effect during the period of removal, and Grantee shall not be entitled to, and agrees not to request,
compensation of any sort therefor.
D. If Grantee fails to remove its telecommunications facilities to the County's
satisfaction in the time frame required by the County,the County may perform the work and collect
the cost thereof from Grantee. The actual cost thereof, including direct and indirect administrative
costs, shall be a lien upon all plant and property of Grantee effective upon filing of the lien with the
County Auditor.
E. A revocation or termination of this franchise shall not prejudice any other remedy
for breach of contract, damages, non-payment or otherwise which the County has under this
franchise or under law.
4.5 Modification. The County and Grantee reserve the right to modify the terms and
conditions of this franchise upon written agreement of both parties to such modification or in the
exercise of the County's police power authority or other authority pursuant to applicable laws.
RESOLUTION NO. 18- '33 n Page 11 of 17
NONEXCLUSIVE TELECOMMUNICATIONS FRANCHISE
4.6 Franchise Subject to Future County Ordinances and Regulations. Nothing
herein shall be deemed to restrict the County's ability to adopt and enforce all necessary and
appropriate ordinances regulating the performance of the conditions of this franchise, including any
valid ordinance made in the exercise of the County's police powers in the interest of public safety
and for the welfare of the public. The County shall have the authority at all times to control by
appropriate regulations the location, elevation, manner of installation, construction and maintenance
of any telecommunications facilities by Grantee. Grantee agrees to promptly conform to all such
regulations as if they were in effect at the time this franchise was executed by the County, unless
compliance would cause Grantee to violate other requirements of law. In the event of a conflict
between the provisions of this franchise and any ordinance(s) enacted or action taken under the
County's police power authority, such ordinance(s) or other exercise of police power shall take
precedence over the provisions set forth herein.
4.7 Assignments or Transfers. Grantee shall comply with the Ordinance regarding
assignments, lease, sharing, transfers, and transactions affecting direct or indirect interest or control.
In no event shall a sale, lease, sharing, transfer, assignment, or disposal of ownership, interest or
control be approved without the transferee acknowledging the obligations under the Ordinance,
becoming a signatory to this franchise and assuming all rights and obligations hereunder, and
assuming all other rights and obligations of the transferor to the County.
4.8 Receivership and Foreclosure
A. At the option of the County, subject to applicable law, this franchise may be
revoked one hundred twenty (120) days after the appointment of a receiver or trustee to take over
and conduct the business of Grantee whether in a receivership, reorganization, bankruptcy or other
action or proceeding, unless:
(1) The receivership or trusteeship is vacated within one hundred twenty (120) days of
appointment; or
(2)The receivers or trustees have, within one hundred twenty(120) days after their election
or appointment, fully complied with all the terms and provisions of this franchise, and have
remedied all defaults under the franchise. Additionally, the receivers or trustees shall have
executed an agreement duly approved by the court having jurisdiction, by which the
receivers or trustees assume and agree to be bound by each and every term, provision and
limitation of this franchise.
B. If there is a foreclosure or other involuntary sale of the whole or any part of the
property and equipment of Grantee, the County may serve notice of revocation on Grantee and to
the purchaser at the sale, and the rights and privileges of Grantee under this franchise shall be
revoked thirty(30)days after service of such notice, unless:
(1) The County has approved the transfer of the franchise, in accordance with the
procedures set forth in this franchise and as provided by law; and
(2) The purchaser has covenanted and agreed with the County to assume and be bound by
all of the terms and conditions of this franchise.
RESOLUTION NO. 18- 3'40 Page 12 of 17
NONEXCLUSIVE TELECOMMUNICATIONS FRANCHISE
4.9 Incorporation and Annexation.
A. If any rights of way covered by this franchise is incorporated into the limits of any
County or town, this franchise shall terminate as to any rights of way within the corporate limits of
such County or town; but this franchise shall continue as to County rights of way not incorporated
into a city or town.
B. If, pursuant to Article XI § 3 of the Washington Constitution, territory is stricken or
taken from the County and a new county is established from the territory taken from the County,
this franchise shall terminate as to any rights of way within the territory so taken to establish the
new county; but this franchise shall continue as to County rights of way not taken from the County.
4.10 Service of Notice. Except as provided herein, any notices required or permitted to
be given under this franchise shall be deemed properly served when deposited with the United
States Postal Service, postage paid, addressed to the party to receive same. Grantee shall promptly
notify the County of any change in notice address.
Notice to the County shall be sent to:
Lewis County Public Works Department
Real Estate Services, Property Management
2025 NE Kresky Ave.
Chehalis, WA 98532
Notice to Grantee shall be sent to:
McDaniel Telephone Company d/b/a TDS Telecom
525 Junction Road
Madison, WI 53717
4.11 Open Records. The County, including the County's Auditor or his/her
authorized representative, shall have access to, and the right to inspect, any books and records of
Grantee, its parent corporations and affiliates which are reasonably related to the administration or
enforcement of the terms of this franchise. The County may, in writing, request copies of any such
records or books and Grantee shall provide such copies within thirty (30) days of the transmittal of
such request. One (1) copy of all reports and records required under this or any other subsection
shall be furnished to the County, at the sole expense of Grantee.
4.12 Severability. The parties understand and agree that if a court holds any part, term,
or provision of this franchise to be illegal, or invalid in whole or in part, the validity of the
remaining provisions shall not be affected, and the parties' rights and obligations shall be construed
and enforced as if the franchise did not contain the particular invalid provision. Should the County
determine that the severed portions substantially alter the franchise so that the original intent and
purpose of this franchise no longer exists, the County may, in its sole discretion, terminate this
franchise without cost or penalty.
RESOLUTION NO. 18- o Page 13 of 17
NONEXCLUSIVE TELECOMMUNICATIONS FRANCHISE
4.13 Remedies. All remedies and penalties under this franchise, including termination of
this franchise, are cumulative, and the recovery or enforcement of one is not a bar to the recovery or
enforcement of any other such remedy or penalty. The remedies and penalties contained in this
franchise, including termination of this franchise, are not exclusive, and the County reserves the
right to enforce the provisions of any ordinance or resolution and to avail itself of any and all
remedies available at law or in equity.
4.14 Nonwaiver of Rights. The County and Grantee agree that the excuse or
forgiveness of performance, or waiver of any provision(s) of this franchise does not constitute a
waiver of such provision(s) or future performance, or prejudice the right of the waiving party to
enforce any of the provisions of this franchise at a subsequent time.
4.15 Choice of Law. This franchise has been and shall be construed as having been
made and delivered within the State of Washington, and it is agreed by each party hereto that this
franchise shall be governed by the laws of the State of Washington, both as to its interpretation and
performance.
4.16 Jurisdiction. Any action at law, suit in equity, or judicial proceeding arising out of
this franchise shall be instituted and maintained only in any of the courts of competent jurisdiction
in Lewis County, Washington.
4.17 Context. When consistent with the context, words used in the present tense include
the future tense, words in the plural number include the singular number, and words in the singular
number include the plural number.
4.18 Entire Agreement. The parties agree that this franchise is the complete expression
of the terms and conditions hereunder, and supersedes all prior agreements or proposals except as
specifically set forth herein. Any oral or written representations or understandings not incorporated
herein are specifically excluded. This franchise is executed in duplicate originals and executed by
the persons signing below who warrant that they have the authority to execute this franchise.
4.19 Familiarity with Franchise. The Grantee acknowledges and warrants by
acceptance of the rights, privileges and agreements granted herein, that it has carefully read and
fully comprehends the terms and conditions of this franchise and is willing to and does accept all
lawful and reasonable risks of the meaning of the provisions,terms and conditions herein.
RESOLUTION NO. 18- 339 Page 14 of 17
NONEXCLUSIVE TELECOMMUNICATIONS FRANCHISE
DONE IN OPEN SESSION this day of X9r6011e-e J , 2018
ACCEPTANCE: BOARD OF COMMISSIONERS
for Lewis County, Washington
1\''■c245,rwetItltVronr Ccmvei �b( 1OS Taft-on--1
Grantee /
„_�.0 CLI
By: )2)c,.,_. Ed a J. Fund, Chai i
(Authorized Signa ry& Representative)
Its: Mnr,acirr- —Skakc 61.,\" rhs A o.vc .
Bobby Ja kson, Vice Chair
ATTEST: g40---
Gary Sta per, Member
•SGOUN-rx%••
Rieva Lester,Clerk of the Board •��o .:-., �s •�
qi F \ �c�•
• f SINCE i o 0 APPROVED AS TO FORM: • �� 1845 •
Jonathan L. Meyer,Prosecuting Attorney
. N. / , 6
•r '� �./ ••N rrsx5`••
By tG-/7/
Civ' Reniffir J 'lo
Flw6-
RESOLUTION NO: 18- 3 9 Page 15 of 17
NONEXCLUSIVE TELECOMMUNICATIONS FRANCHISE
Exhibit A
LEGAL DESCRIPTION
McDaniel Telephone Company d/b/a TDS Telecom
COMMENCING at the northeast corner, Section 12, Township 13 North, Range 1 West, W.M.,
said point being the true point of beginning: thence South along the east line of Sections 12, 13
and 24,to its intersection with the Middle Fork of the Newaukum River; thence continuing
westerly along the Middle Fork of the Newaukum River to its intersection with the west line of
Section 23,Township 13 North, Range 1 West, W.M.;thence continuing south along the west
line of Sections 23, 26 and 35, to the northwest corner of Section 2, Township 12 North, Range 1
West, W.M;
Thence continuing south along the west line of Section 2, 11 and 14 to the west quarter corner of
Section 23, Township 12 North, Range 1 west, W.M.; thence continuing east along the east-west
centerline of said Section 23 and 24 to the west quarter corner, Section 19, Township 12 North,
Range 1 East, W.M.;thence continuing east along the east-west centerline of Section 19 and 20
to its intersection with the Brim Road; thence continuing southerly along the Brim Road to its
intersection with the south line of said Section 20,Township 12 North, Range 1 East, W.M.;
Thence continuing east along the south line of said Section 20 to the Northeast corner Section 29,
Township 12 North, Range 1 East, W.M.; thence continuing south along the east line of Section
29 to the southwest corner, Section 28, Township 12 North, Range 1 East, W.M.; thence
continuing east along the south line of Sections 28, 27, 26 and 25 to the northeast corner, Section
36, Township 12 North, Range 1 East, W.M.; thence continuing south along the east line of
Section 36,Township 12 North, Range 1 East to the southwest corner of Section 31, Township
12 North, Range 2 East, W.M.; thence continuing east along the south line of Sections 31 and 32,
Township 12 North, Range 2 East, W.M., to the northeast corner of Section 5, Township I 1
North, Range 2 East, W.M.; thence continuing south along the east line of Sections 5, 8 and 17 to
the southwest corner of Section 16,Township 11 North, Range 2 East, W.M.;
Thence continue east along the south line of Section 16 to the southwest corner of Section 15,
Township 11 North, Range 2 East, W.M.; thence continuing north along the west line of Section
15 to the southwest corner, Section 10, Township 11 North, Range 2 East, W.M.; thence
continuing east along the south line of Section 10 and 11 to the southwest corner of Section 12,
Township 11 North, Range 2 East, W.M.; thence continuing north along the west line of Sections
12 and 1 to the northwest corner of Section 1, Township 11 North, Range 2 East, W.M.; thence
continuing east along the north line of Section 1, Township 11 North, Range 2 East, W.M., to the
northwest corner Section 6,Township 11 North, Range 3 East, W.M.; thence continuing east
along the north line of Section 6, 5, 4, 3, 2 and 1, Township 11 North, Range 3 East, W.M. to the
northwest corner, Section 6,Township 11 North, Range 4 East, W.M.; thence continuing east
along the north line of Section 6,Township 11 North, Range 4 East, W.M., to the northeast
RESOLUTION NO. 18- .3L2 Page 16 of 17
NONEXCLUSIVE TELECOMMUNICATIONS FRANCHISE
corner of Section 6;
Thence continue east along the south line of Section 5 and 4 to the northwest corner of Section
10, Township 11 North, Range 4 East, W.M.; thence continuing south along the west line,
Section 10 to the southwest corner, Section 10, Township 11 North, Range 4 East, W.M.;thence
continue east along the south line of Sections 10, 11 and 12 to the southeast corner, Section 12,
Township 11 North, Range 4 East, W.M.;thence continue north along the east line of said
Section 12 and continuing north along the east line of said Township 11 North, Range 4 East,
W.M. to center of Davisson Lake(Mossyrock Reservoir),;thence continue northwesterly along
the center of Davisson Lake(Mossyrock Reservoir)to its intersection with a point due south of
the north-south Centerline of Section 18,Township 12 North, Range 4 East, W.M.; thence
continue north from said intersection point and along the north-south centerline, said Section 18,
to the north quarter corner, said Section 18; thence continue west along the north line of Section
18 to the southeast corner, Section 12, Township 12 North, Range 3 East, W.M.;
Thence continue west along the south line of Sections 12 and 11 to the southwest corner of said
Section 11,Township 12 North, Range 3 East, W.M.; thence continue north along the west line
of Sections 11 and 2, Township 12 North, Range 3 East, W.M.;to the southeast corner, Section
34, Township 13 North, Range 3 East, W.M.;thence continuing west along the south line of
Section 34 and 33 to the southwest corner, said Section 33, Township 13 North, Range 3 East,
W.M.; thence north along the west line of Section 33 and Section 28 to the southeast corner of
Section 20,Township 13 North, Range 3 East, W.M.;thence continuing west along the south
line of Section 20 to the southwest corner, Section 20,Township 13 North, Range 3 East, W.M.;
thence continuing north along the west line of Section 20 to its intersection with the Tilton River;
Thence continue northwesterly along the Tilton River to its intersection with Bear Creek, thence
continue northerly upstream along Bear Creek to its intersection with the east line of Section 18,
Township 13 North, Range 3 East, W.M.;thence continue North along the east line of Section 18
to the northeast corner of said Section 18 Township 13 North, Range 3 East, W.M.; thence
continue west along the north line of said Section 18 to the southwest corner Section 7,
Township 13 North, Range 3 East, W.M.; thence continue north along the west line said Section
7 to the northeast corner Section 12, Township 13 North, Range 2 East, W.M.; thence continue
west along the north line Sections 12, 11, 10, 9, 8 and 7, Township 13 North, Range 2 East,
W.M.;thence continue west along the north line of Sections 12, 11, 10, 9, 8 and 7, Township 13
North, Range 1 East, W.M.,to the northeast corner of Section 12,Township 13 North, Range 1
West, W.M., the point of beginning.
RESOLUTION NO. 18- 330 Page 17 of 17
NONEXCLUSIVE TELECOMMUNICATIONS FRANCHISE
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[BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Nov 05, 2018
Suggested Wording for Agenda Item: Agenda Type: Hearing
Approving a franchise to McDaniel Telephone Company d/b/a TDS Telecom,to construct, operate, and
maintain telecommunications facilities in Lewis County rights of way.
Contact Josh Metcalf Phone: 2697
Department: Public Works
Action Needed: Approve Resolution
Description
Lewis County Code 12.20 and RCW 36.55 require that all utility installations in county road rights of way be
authorized by a franchise from Lewis County.An application for a franchise has been received by the Board of
County Commissioners(BOCC) from McDaniel Telephone Company d/b/a TDS Telecom,to construct, operate,
and maintain telecommunications facilities in Lewis County rights of way. The application and all related
materials have been reviewed and found appropriate for further proceedings.
A hearing was set by Resolution No.18-310 dated October 15,2018, and all required notices were given to the
public.
Public Works recommends approval of the Resolution to grant a Franchise to McDaniel Telephone Company
d/b/a TDS Telecom,to construct,operate, and maintain telecommunications facilities in Lewis County rights of
way.
Publication Requirements:
Approvals:
Hearing Date: Nov 05, 2018
User Group Status Publications:
Prosecutor Pending
BOCC Pending Publication Dates:
Additional Copies
Kim Amrine
Fiscal
Martin Roy
Greg Snelson
Robin Saline
108935 Nonce of Hearing south line said
along the south line of,Said.
Nf3liGE on 20 to the Na> '
NOTICE IS,HER - corner Section 2R TO.1'
EN that the Board of ship 12 Notch, Range 1.
County. Commissioners, c=ast, W.M.; thence the
^
Lewis County;Was�hlngbon east-9 south along to
(BOCC), Pies racetvep an the one of t o e 29 c-
application, for a non-
exclusive the sottwest Corner,'S
exclusive franchise from tlon 28, Towr .
McDaniel Telephone d/b/a M; n9
TDS Telecom,to construct,, east the arm:gee of
operate, and maintain tele- o„,,,,,,,„28,27,5A lad 25
communication facilities lo- to northeast X12
cated within Lewis County; Section 30, T 1p
road.light Of way in tea • 1O1nEr>stt fast,
folbwMi. description• W M; thence cOnenuing
tAJMM actNG at t l south theetettine el
northeast corner, Section , Tow p 12
12, Township 13 North, North,Range 1 East to the
Runge 1 West, W.M., said southest,corner,at
Sec-
point being the true point of tlon 31, Toowne*
beginning: thence South North Range .2 East,
along the east line of W M' thence continuing
Sections 12, 13 and 24,to east Ong the south One ol.
AFFIDAVIT Middle Fork of i Sections 31 and 32,TYm-
OF PUBLICATION kum River;lhenCAk o - ship 12 North, Rte•a'
Mldd iver; a NQvof6u 1 , wit to the north
!e Freft•of thr4 east corner of Set�kxt• 5;
STATE OF WASHINGTON kum River to Its interss J TOM 7"kte North,Range
COUNTY OF LEWIS --- west line of 2-
North, Range 1 est,, e 7 to the southwest
Alysa Andrews,and/or Mandy Klemola,says that she is the legal W'M" thence of Nerth,ft Range Y• Y Y g south along the west line of Townsh• 11 North,Range
clerk of Sections 23,26 and 35, to 2 East,tlV.f4A.;
the northwest corner. of Thence continue- -east
lbt . i Section R i i"414i,I tine of
ern of ,« •s� 15,
QCijrorncte Thence continuing south Toy 1 t North, Range
along`the west fine of 2 East,W.M.;thence con-
s semi-weekly newspaper,which has been established,published Secttori 2,11 and 14 to the tinuing north along the
in the English language,and circulated continuously as a semi- west quarter corner of.
weekly newspaper in the City of Centralia,and in Lewis County, North, 23, Townshi
Nh, Range 1 West,
Washington,general circulation in Lewis County for more than W.M.; thence t;drttfnuing
six(6)months prior to the date of the first publication of the east along the east-west
notice hereto attached,and that the said Chronicle was on the 7th Centerline of said Section
day of July 1941,approved as a legal newspaper by the Superior 23 and 24 to the west
yuarter comer, Section 19,
Court of said Lewis County.And that the attached is a true copy Township 12 North, Range
and was published in regular issues(and not in supplement form) 1 East, W.M.; thence con-
of said newspaper as LEGAL# 106935 RE:Notice of Hearing tinuing east along the
east-west centerline of
7 U
once each lii'.l Q.QJ[ for a period of 221/Ae- Section 19 and 20 to its
with the Brim
Road; thence continuing
commencing on 10/16/2018 and ending on 10/23/2018 ngttt southerly
with the south line of said
and both regularly distributed . IL'sub. ribers during all of said Section.20, Township 12
period.That the full am..nt of t. •- arged , the foregoing e 1 ast,
-ro-zrsar�
pus icationisthesu $21•.,;
S..scribed and 'worn to before 10/. /2018
A t 'l `.'J•
Notar7' 'u.lic in and for the State of Washington,
res i g ttt
' �N1118t91dvd,a
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Q--.-• ',off
• *• *. p'3 V,`.-' o. z
,
lam— SlFHB_ 2549.6=7-��?
dart EJOF �y SM1S
e 15 to w : „ . sf" 12, 11, 10,
the: off,.Son- -} ` Township 13
tioct 4,0 'tgip ,41.. w. «„,; ` 2 ,
=et $, 11. , line of
.,.. _' ''o1--`f `,. -- .• W.M., to MY. , d ^ 1 ,_'.
xt 2 , 3 teener.' • , s 1. . 12.I vs uNath,
North. '
L south l�newest ,. � ; 4 W iL the •
and `r - 7 '... ;', -
SwatiGns `' Sec-i- 3 to the 1 ' i
f ort h1 T. tlorlier -1181. said I is.bl' a Of
1,T. 11 ,'T. 13 Norte ,:, ftY9
2 - , 3 M ' - 1` . tai .•ww .4 .'
rLw' °� hire West r' I ;
't ! te'the southeast
soot' Section 20, -r.. ,,�^ ��1 'North, Range
North ,'` of
f
Sgat north of S t 'roa 'the or
, _._along west Corner, Section ?A,I Ea*. ��ltr rate
6,,6,4,3,2:e d 1, 13-N : a.m.,ingot Com ners
TownehiPtt Nort t.. #ioorlE ea the led
3 East, W.M. It et -- i•• #A., thence exert- Mote• ;,fit•
;nom
nor Township th tamer, :, of 20,to hot ►
Its I tense ion�n the Win, �, w,.
Range 4 : East, ,M. • piton River; - may and
thence continuing.nort continue nO t- :', ' 1 9
along the north <,` along , A :,
Section 8 jownship 1 er to ,r.--iaterse ROW 38.55.040 requires
f Bear Creek� � rice of be.
' 4 Section 8; along therlY. .�.�-� `-,'°� . 1n '••r - along Bear Creak . , •r days
Thence continue tit- to its intersection � the al fixed for
the,.south line ..of east line of Section 18, day
5 and 4 to Township 13 North, Range acrd•aho publ�-
tinor v corner of, S 3 East, fly M.;thence can S t; l lures in Ih.�icia l
North, Range 4t, time North along kte east ° Y
W.M.; thence continuing fine of Section 18.to to 1e laSt than i a embefo e
eaten along the west line,
Section 10 to the: South--; L
�18T t3
�, � 3w Beet, 't .-
west corner, 10, 't 'e1,20 r! tinue Rieve taster .•T 11 . ,� ' ;� � �' ` ilno o i.tioikonoi,44,04ji,
fine8 @Sek ' r ; .7. , 'J'
Here of Sections 1 +. 13 ,¢ ,F t
+12 to 3 East, ,it;�t , 12 41 �i
Rang. `e -north fl _F q
.the wit , .r:'y .
'along tore e 7 to.fare , -, ''
Section 12 atld'con- Section 1 k, }, 13 232
l t NoMr ,*-r. .y,, 4
nom tooling r#. t East,CAI M.; q
R flJlO 4 ow west along of f
( ck" Reservoir)„ ,.
kson.
Reservoir) try
of the north-south Center-
' i: of Section 18,_ Town-
.=c'.. 1 North, Range=4
art..
r`
o point and along the
q th centerline,said
Section 18, to the north
recorner, ste Sea
1r8; thence continue •
vest along the north lire of
Section 1b20 the southeast
corner, Section t2, Town-
sNp 12 North, Range 3
Seat,W.M.;
Thence continue west
the .south Ste of
SeielOns 12 and 11 to the