HomeMy WebLinkAboutOrder Granting - BOCC1449293 05/07/2021 02:10 PM FRANC
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Return to: Barbara Vasquez
Commissioners Office
Document Titles: Order Granting Franchise and Franchise
Reference Number:
Grantor(s):
1. Grant County
2.
3.
4.
5. Additional grantors on page
Grantee(s):
1. Fatbeam LLC
2.
3.
4.
5. Additional grantees on page
Legal description (lot, block and plat name or section, township &range):
Aspi Blvd, Patton Blvd NE, N Grape Dr, Vandenburg Ave all within Sections 4, 9, 10 and 32 AND
Townships 19 and 20 N, AND Range 28 E AND includes street sides: East, West, North and South.
Assessor's property parcel number:
1.
2.
3. Additional parcel numbers on page
The Auditor's Office will rely on the information provided on this form. The staff will not read
the document to verify the accuracy or completeness of the indexing information provided
hereon.
BEFORE TIM HONORABLE BOARD OF COUNTY COMMISSIONERS
OF GRANT COUNTY,, WASIUNGTON
IN THE MATTER OF APPLICATION OF
Fatbeam, LLC
(applicant)
for a franchise to construct, operate and maintain
fiber optic cables
(name of facility)
on certain County Road Rights of Ways within the
County of Cffant, State of Washington, for
telecommunication services
(purpose of facility)
ORDER GRANTING FRANCHISE
AND
FRANCHISE
THIS CAUSE being regularly heard before the above entitled Board of County Conunissioners
of Grant County, Washington, upon the application of Fatbean LLC
for a franchise authorizing and empowering the said petitioners to enter upon, construct, operate, and
maintain fiber o tic cables over, under, across and/or along , ..
(description of facility) (over, -under, across, and/or along)
certain County -roads in Grant County, Washington described as follows:
As Referenced in the attached 'Exhibit A' - Roads and Streets; Aspi Blvd, Patton Blvd Nh, N Gra e Dr.
VandenburgAve. Within Sections 4, 9, 102 & 32 AND Townshi s 19 & 20 North AND Range 28 East.
AND includes street sides: East, West, North & South.
Said franchise to be for a period of fifty (50) years from the date of granting the same; and it appearing
to the Board of County Commissioners that due and proper notice of the time and place of the hearing
of said application has given as provided by statute, and it further appearing that no objections to the
granting of said franchise as applied for have been either filed or heard by this Board; and the Board
being fully advised in the premises and deeming it for the public interest to grant said franchise; now
therefore.
IT IS HEREBY ordered that Fatbeam,LLC
(applicant)
their successors and assigns, be, and they hereby are, granted the right, power, privilege and authority,
for the period of fifty (50) years from the date hereof,, to enter upon, construct, operate, and maintain
fiber optic cables over, under, across and alonq
(pipeline or other facility, as required) (parallel to, under, across, as required)
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certain County road(s) in Grant County, Washington, as referenced in said application and notices, and
as particularly described above, subject to the following conditions:
The franchise shall terminate within one year from the date of issue, unless the Grantee
furnishes a certificate of completion to the County Engineer within one year from the date of
any pen -nits issued pursuant to the franchise.
2. The Fatbeam, LLC
(applicant)
hereinafter referred to as the applicant, their successors and assigns, agree to hold the County of
Grant, State of Washington, harmless and free from any and all damages, costs, and expenses,
including indemnity for any settlements or judgements, defense costs, and attorney's fees, caused
in whole or in part by the construction, maintenance, or operation of the facility covered by this
franchise including but not limited to all underground facilities and appurtenances as well as any
and all damages, costs, and expenses, including indemnity for any settlements or judgements,
defense costs, and attonvy's fees caused in whole or in part by the exercise of any right granted
hereunder.
3. The applicant shall, within a reasonable length of time, repair any damages which may be done
to said road(s) herein described by reason of laying, construction, operating or maintaining the
franchised facility and shall restore road(s) in as good condition as before they were disturbed by
the aforesaid operations.
4. Thd',applica shall furnish Grant County a bond, certified check or cash deposit in the sum of
gine r, it being agreed that upon the expression of such satisfaction, said bond, check, or
cash deposit shall be returned forthwith to the applicant.
$ to insure that said road repairs will be made to the satisfaction of the County
5. The applicant shall make application for and obtain a permit to perform work on the right of
way from. the County Engineer to place all facilities authorized by this franchise.
6. The applicant shall comply with all conditions imposed on the permit and reimburse the County
for the- cost of any inspections felt necessary by the County to assure compliance with the
provisions of the permit and this ftaiach�ise.
7 The applicant shall give notice to the Grant County Engineer when the traveled portion of the
affected roads are to be interfered with when locating, constructing, operating, and maintaining
the facility, said notice to be given at least two (2) days before the work is performed.
8. In locating, constructing, operating, and maintaining the facility, the applicant., their successors,
and assigns, shall at all times leave at least one half of the traveled portion of the roadway open
to traffic unless written authorization to close the roadway(s) is granted by the Grant County
Engineer, adequate detour signage is erected, and a Public Notice of Closure is published in the
newspaper serving the area at least three (3) days in advance of the closure.
9. When, by reason of the construction, repair, improvement:, alteration, or relocation of said
County roads, or any portion thereof, it shall appear necessary in the opinion of the Board of
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County Counnissioners of Grant County, State of Washington, to remove, lower, or relocate
said facility from. said roads, the applicant, their successors, and assigns, agree to remove,
lower, or relocate said facility immediately at their own expense to the place or places
designated by the said Board of County Commissioners. #
10, In the event that said County roads or portions thereof as described, shall become a State
Highway and therefore by reason of the construction, repair, improvement, alteration, or
relocation of all or any portion of said roads as a State Highway, as determined by the
Department of Transportation of the State of Washington, it shall become necessary in the
opinion of the said Department to remove, lower, or relocate said facility from said higbway,
the applicants, their successors, and assigns, agree to remove, lower, or relocate said facility
immediately at their own expense to the place or places designated by said Department.
11, The County reserves the right to revoke the privileges granted by this franchise and to seek legal
reinedies, for failure of the franchise holder to comply with the conditions set forth above and/or
to correct any deficiency after being given thirty (3 o) days written notice of correction by the
County.
DATED this 4'k— day of ti20
OF CO C ISSIONERS.
T GTON
CHAMMAN
CMMISSIONER
COMMISSIONER
Board terk ol the
Approved as to Form:
�ros outing Attorney
of Grant County, Washington
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Presented By:
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Exhibit A
Fatbeam Franchise Agreement / Grant County, WA
Build Route for Fiber Optic Cables & Strand Over, Under, Across and/or Along
Aerial County 1:
Section: 4, Township: 19 North, Range: 28 East,
Street -side: West
Place aerial fiber cable along Patton Blvd. from Harris Rd. NE to South of Loring Dr.
Aerial County 2:
Section: 4, Township: 19 North, Range: 28 East,
Street -side: West side Patton Blvd NE, South side Westover Blvd, East & South sides Travis Dr., West side Halsey Dr.
Place aerial fiber cable along Patton Blvd from north of Loring Dr. to Westover Blvd. Turn west place fiber cable along
Westover Blvd. to Travis Dr. Turn north and place fiber cable along Travis Dr. To Halsey Dr. then place fiber cable along
Halsey to south of Vandenburg Loop.
• Aerial County 3:
Section: 32, Township: 20 North, Range: 28 East,
Street -side: East side Patton Blvd, South side Chanute St. NE, West side 22nd Ave NE
Place aerial fiber cable along Patton Blvd from Craig Blvd NE to Chanute St NE. Turn east and place fiber cable along
Chanute St. NE to 22nd Ave NE. Turn north and place fiber cable along 22nd Ave NE to Boiling St. NE.
• Aerial County 4:
Section: 10, Township: 19 North, Range: 28 East
Street -side: West side Grape Dr. NE, North side Maple Dr NE
Place aerial fiber cable along N Grape NE from Hwy 17 to Maple Dr. NE. Turn east and place fiber cable along Maple Dr. NE
to Ralls Rd. NE.
• UG County 1:
Section: 9, Township: 19 North, Range: 28 East,
Street -side: East side Patton Blvd
Bore and place new 2" conduit with fiber cable along Patton Blvd from Hwy 17 to Harris Rd NE to Handhole/vault. Cross
under Patton Blvd with bore and place new 2" conduit with fiber cable Handhole/vault.
• UG County 2:
Section: 9, Township: 19 North, Range: 28 East,
Street -side: West side Patton Blvd
Place Handhole/vault. Bore and place new 2" conduit with fiber cable along Patton Blvd, crossing under Loring Dr.
• UG County 3:
Section: 32, Township: 20 North, Range: 28 East,
Street -side: East side Patton Blvd South side East Craig St.
Place Handhole/vault. Bore and place new 2" conduit with fiber cable along Patton Blvd, crossing under Doolittle Dr., turn
west onto East Craig St and place Handhole/vault.
• UG County 4:
Section: 4, Township: 19 North, Range: 28 East
Street -side: West side Halsey Dr, South side Vandenburg Ave, East side Lindberg Ln
Place Handhole/vault at Halsey Dr. south of Vandenburg Ave, bore and place new 2" conduit with fiber cable along Halsey
Dr and Vandenburg Ave to Handhole/vault at Cannon Ln. Bore and place new 2" conduit with fiber cable along
Vandenburg Ave to Handhole/vault at Lindberg Ln. Turn south, bore and place new 2" conduit with fiber cable along
Lindberg Ln.
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