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Home My WebLink About4259 Resolution - Frankin County Irrigation District License Agreement for Zone 3 Transmission Main RESOLUTION NO. 4259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT BETWEEN THE CITY OF PASCO AND THE FRANKLIN COUNTY IRRIGATION DISTRICT FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF THE CITY'S ZONE 3 TRANSMISSION MAIN. WHEREAS, the City of Pasco as a council-manager form of government, pursuant to RCW 35A.13.230 and 35A.11.010, may purchase, lease, receive, or otherwise acquire real property and may use, enjoy, hold, lease, control, convey, or otherwise dispose of it for the common benefit; and WHEREAS, the City of Pasco desires to construct and install a potable water main adjacent to the Franklin County Irrigation District's (FCID) 54" irrigation line for the Zone 3 Transmission Main project; and WHEREAS, the City of Pasco has condemnation authority pursuant to RCW 54.16.020 for the development and distribution of water for domestic use; and WHEREAS, FCID has expressed its desire to avoid condemnation proceeding by executing a License Agreement with the City of Pasco allowing for the construction and installation of said Zone 3 Transmission Main adjacent to FCID's 54"irrigation line. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the City Manager, or their designee, is authorized to execute a License Agreement between the City and FCID, attached hereto as Exhibit A, for the purpose of construction and installation of the Zone 3 Transmission Main adjacent to the FCID's existing irrigation line. Be It Further Resolved that the City Manager of the City of Pasco, Washington, is hereby authorized,empowered, and directed to sign and execute said Agreement on behalf of the City of Pasco; and to make minor substantive changes as necessary to execute the Agreement. Be It Further Resolved that this Resolution shall take effect immediately. Resolution—License Agreement for the City's Zone 3 Transmission Main Project- 1 ADOPTED by the City Council of the City of Pasco, Washington, on this 3rd day of October, 2022. , Blanc ie ar ' Mayor ATTEST: APPROVED AS TO FORM: ��G�, �UY/�^"� r Debra Barham, CMC Kerr Fe n aw, PLLC City Clerk Cit torneys Resolution—License Agreement for the City's Zone 3 Transmission Main Project-2 Exhibit A After recording, return to: Mr. William E. Davis LEAVY, SCHULTZ, DAVIS, P.S. 2415 West Falls Avenue Kennewick, WA 99336 LICENSE AGREEMENT FRANKLIN COUNTY IRRIGATION DISTRICT NO. 1, a Washington municipal corporation,hereinafter referred to as"District," and CITY OF PASCO,hereinafter referred to as "PASCO,"agree as follows: WHEREAS, PASCO is desirous of constructing a water pipe line across District property including canal right of way near Road 111 and ending in Road 108 and for crossing of the District main pipe line on Road j11 a11 in Franklin County, State of Washington a11 of which is described and shown on maps collectively attached as E�iibit"A". WHEREAS, the District is desirous of entering into a License Agreement and benefitting the District water users by better water supply and transmission in the maintenance thereof through the development of PASCO's betterment project of its facilities and roads. WHEREAS, as indicated above the location of the constructed facilities will be located upon the District's properry as described on the attached Exhibit"A"; and WHEREAS, PASCO has condemnation authority pursuant to RCW 8.12 for the development of its water facilities and operations and roads; and LICENSE AGREEMENT Page 1 of 7 Exhibit A WHEREAS, the District is desirous of avoiding a condemnation proceeding and benefitting the District water users by betterment of water services and roads through the development of PASCO betterment project for water facilities and roads. NOW, THEREFORE, in consideration of the terms and provisions hereof, and the avoidance of a condemnation proceeding against the District, it is agreed between PASCO and the District as follows: 1. The District does hereby gant to PASCO a non-exclusive license to construct, operate and maintain structures to improve its water systems and roads, with all convenient or necessary appurtenances. The lands subject to this license are described on the attached E�ibit "A". Additionally, the District does hereby grant to PASCO the right of reasonable ingress and egress to and from the facilities to be constructed upon District right-of-way. Said ingress and egress shall be over and across existing roads used within the District right-of-way. Further, the plans showing the size and final location of the structures shall be subject to the prior approval of the District. Once plans and the site are approved by the District, then said plans and site location shall be described and attached as an eachibit to tlus License Agreement. 2. PASCO, and its successors and assigns, agree to defend, indemnify and hold harmless the District and its directors, officers, agents and employees from any and all claims of whatever nature or kind, including,but not limited to, those brought by employees of PASCO, its successors and assigns, its contractors or subcontractors, arising out of or as a result of any act or failure to act whether or not negligent in connection with the construction, use,repair and maintenance of said structure, licensed area, road(s) or the license herein granted except to the extent of the district's own negligence and intentional wrongs. LICENSE AGREEMENT Page 2 of 7 Exhibit A PASCO, and its successors and assigns, agree to use the licensed premises only in accordance with law, and not to a11ow any hazardous substances or products upon the premises or to be used upon the premises, except in accordance with labels and licenses. PASCO, and its successors and assigns, further agree to defend and pay all costs in defending a11 claixns, including attorney's fees. This indemnification and hold harmless provision extends to any and all damages of whatever kind, including consequential damages, which may result from such aforementioned claims. In furtherance hereof, PASCO, and its successors and assigns, specifically, waive all rights of immunity under the Industrial Insurance Laws of the State of Washington, RCW 51.04.010, et seq., for all claims, causes of actions and demands made by the District against PASCO, or its successors and assigns, as a result of any claim made against the District. 3. PASCO covenants and agrees that the design and location of the structures and roads shall, prior to construction, be subject to the approval of the District as stated above. PASCO covenants and agrees to pay greater of the sum of$ �DD, D a or the total of the actual costs incurred by the District which costs include but are not limited to actual attorney's fees, actual engineering fees, and actual fees and costs incurred by the District and for preparation and negotiation of this license and the issuance thereof and the review of the plans for the structures and/or roads to be installed pursuant to this license. 4. PASCO and the District further agree that in the event of any action or suit between PASCO, or its successors and assigns, and the District, or its successors and assigns, to enforce any of the terms or provisions hereof, the successful party shall be entitled to recover from the unsuccessful party, in addition to costs and disbursements allowed by law, a reasonable sum as attorney's fees to be deternuned by the court. LICENSE AGREEMENT Page 3 of� Exhibit A 5. PASCO, and its successors and assigns, agree that the construction and maintenance of the subject structures and/or roads shall be the sole and singular responsibility and cost of PASCO, and its successors and assigns, with PASCO, and its successors and assigns, being solely responsible for all design and safety provisions concerning the structures and/or roads. PASCO successors and assigns agree that the structures and/or roads, accesses thereto, and attendant sewer and domestic water facilities and roads thereto shall not in any manner impair or inhibit delivery of irrigation water through the District's canal facilities, nor block, impair, inhibit or prohibit the use by the District of its canal right-of-way, the delivery of irrigation water,nor the maintenance and repair of the canal facilities by the District. 6. In constructing the subject structures and/or roads, any District facilities that are required to be moved or modified sha11 be so moved and modified at the sole cost and expense of PASCO, and shall be moved and modified in a manner and in a design approved by the District, which design,movement and construction must continue and maintain the District's providing of irrigation water through said facilities in a volume and manner sufficient and consistent with the prior delivery of irrigation water through said facilities by the District. 7. This license shall terminate upon the abandonment of the use of the subject structures and/or roads by PASCO, or its successors or assigns, or upon breach of PASCO, or its successors or assigns, of the covenants and agreements as herein contained. Upon such breach, District shall give PASCO thirty(30) days written notice of the breach, in which thirty (30) days PASCO shall cure the breach or take affirmative curative action to cure the breach. If the curative action is not taken within the thirty (30) day period, or, if curative acrion is taken but is not completed within six(6)months thereafter, then this license shall terminate. LICENSE AGREEMENT Page 4 of 7 Exhibit A 8. This license and its terms and provisions sha11 be binding upon the parties hereto, their employees, servants, officers, directors, agents and successors and assigns. The parties agree that this license is not assignable, except to a direct successor of PASCO who continues to carry on the same functions of sewer and/or domestic water distribution, roads and services as PASCO. 9. It is further specifically agreed between PASCO, and its successors and assigns, and the District that any and all construction or modification work on the structures and/or roads, other than emergency repair and maintenance work, shall be performed and done at such times and in such manner as to not impair the use of the District facilities by the District in carrying out its primary purposes of delivery of irrigation water to the District members: 10. This document may be recorded by either party in the public records of Franklin County, State of Washington,to become a matter of public record. 11. The District has adopted Resolution No. authorizing the entry by the District into the granting of this license and the execution hereof. 12. PASCO has adopted Resolution No. authorizing the entry by PASCO into the granting of this license and the execution hereof. DATED this day of , 20_ FR.ANKLIN COUNTY IRRIGATION DISTRICT NO. 1 By: Chairman Attest: Secretary // // // LICENSE AGREEMENT Page 5 of 7 Exhibit A CITY OF PASCO By: Authorized Representative By: Authorized Representative STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and , to me known to be the Chairman and Secretary, respectively, of Franklin County Irrigation District, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of Washington residing at NAME OF NOTARY PUBLIC (TYPE OR PRINT) My Appointment Expires: LICENSE AGREEMENT Page 6 of 7 Exhibit A STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day of , 20 ,before me,the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn,personally appeared , to me known to be an Authorized Representative of the CITY OF PASCO that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and on oath stated that is authorized to execute the said instrument on behalf of saYd City. WITNESS my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of Washington residing at NAME OF NOTARY PUBLIC(TYPE OR PRIN'T) My Appointment Expires: STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day of , 20 ,before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn,personally appeared ,to me known to be an Authorized Representative of the CITY OF PASCO that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and on oath stated that is authorized to execute the said inst�ument on behalf of said City. WITNESS my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of Washington residing at NAME OF NOTARY PUBLIC (TYPE OR PR1NT) My Appointment Expires: LICENSE AGREEMENT Page 7 of 7 Exhibit A , / / EXHIBIT M �1 P ACG�S'FA.SfMEM � PTN NWf/4 S18 78N R29E W.M. (',I7Y AF PASCO, fRANKlJN COUM1; W�!INGTON E�LY MOST CORNER PARCEL A ROS V4 PG189 ,�o �o,�. h .^�� fY� �� PARCEL A � _ ROS VOL 4 PG 189 �� S55'35'21"E 32.00' a o � ry O °� �� j0 ��%� � N55'35�21"W 32.00' �� o� �y N�'� �� , TgL9Z r � �O,c., r��, h'fGISTER�� ,��o�� -�L��S ��a \ 31321 Exhibit A LEGAL DESCRIPTION ACCE55 EASEMENT THAT PORTION OF THE CITY OF PASCO'S PUBLIC ROAD RIGHT�F WAY FOR ROAD 111,SITUATE IN THE NORTHWEST 4UARTER OF SECTION 18,TOWNSHIP 9 NORTH, RANGE 29 EAST,WILLAMETTE MERIDIAN, CITY OF PASCO,FRANKLIN COUNTY,WASHINGTON DESCRIBED AS FOLLOWS: COMMENClNG AT THE EASTERLY MOST CORNER OF PARCEL A AS SHOWN ON RECORD SURVEY RECORDED IN VOLUME 4 OF SURVEYS, PAGE 189,RECORDS OF FRANKLIN COUNTY;THENCE SOUTH 34°24'39"WEST 565.70 FEET ALONG THE NORTHWESTERLY RIGHT OF WAY MARGIN OF SAID ROAD 111 TO THE POINT OF BEGINNIN6;THENCE SOUTH 55°35'21" EAST 32.00 FEET;THENCE SOUTH 34°24'39" WEST 66.00 FEET PARALLEL WITH SAID NORTHWESTERLY RIGHT OF WAY MARGIN;THENCE NORTH 55°35'21"WEST 32.00 FEET TO SAID NORTHWESTERLY RIGHT OF WAY MARGIN;THENCE NORTH 34°24'39" EAST 66.00 FEET ALONG 5AID NORTHWESTERLY RIGHT OF WAY MARGIN TO THE POINT OF BEGIIVNING. CONTAINS 2112 SQUARE FEET, MORE OR LESS �� N N�� '��i-92 oQ-� "�� .4,� .� F R£CISTER� ��Al LAt�r'J �� 31321 Exhibit A EXHIBIT MAP WATER UNE EASEMENT PIN NWl/4 Sf8 75N R29f W.M. GYIY OF PAS�O fR41WQlN (�IXlM); WASHIMG7AN � � � � � � � � � — � � / � � � c��, ��NEW WATER LINE EASEMENT � � PARCEL 3 / ROS VOL 1 PG 598 � � � 8 ��c3 '"��ti�,'�i � 0 Q- � �,� 2 Z � `41028 �� FSS RfGISTERE�� a ��4L LPi�As �/—�0�� 31321 Exhibit A LEGAL DESCRIPTION WATER LINE EASEMENT PORTION WITHIN NEW PARCEL 3 ROS 1-598 THE NORTHWESTERLY 30.00 FEET OF THAT PARCEL SHOWN AS PARCEL 3 ON THAT SURVEY RECORDED IN VOLUME 10F SURVEYS, PAGE 598, RECORDS OF FRANKLIN COUNTY,WASHINGTON,SITUATE IN THE NORTHWEST QUARTER OF SECTION 18,TOWNSHIP 9 NORTH, RANGE 29 EAST,WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY,WASHINGTON. �� H N�� J �� '�Qi-vZ �� o'� ,410 � � RfGISTER� ��4L LAi�S� t!'��-�� DPB 31321 Exhibit A EXHIBIT MAP NG4TFR UNE EAS�MEM PTN N1/2 S18 79N R29E W.M. G1Y OF PASLD, fR4NKlJN COUMY, WAS�I/A�TOPY .� ':30" :=.�;y;:',.,,.,._ . .. . :��. :;�� '�� .:.`�,�'j.',� :::�• �p. ,.,�: :;';::.;;;;�' PARCEL 2 ;;.;.;f,•'s ROS VOL 1 PG 598 11ti .. .. ..� 4p� .:`;�:�'' NEW WATER LINE EASEMENT � � � � � � � PARCEL 3 / ROS VOL. 1 PG. 598 � C� �N N��! �\�� cT�i9Z W � � ~41028 O � �SS,� RecisTER� J �Va Q1VAL LPN�5 � ?��Q�� d 31321 Exhibit A LEGAL DESCRIPTION WATER LINE EASEMENT PORTION WITHIN PARCEL 2 ROS 1-598 A STRfP OF LAND LYING IN PARCEL 2, RECORD OF SURVEY RECORDED IN VOLUME 10F SURVEYS, PAGE 598, RECORDS OF FRANKLIN COUNTY,WASHINGTON,SITUATE IN THE NORTH HALF OF SECTION 18, TOWNSHIP 9 NORTH, RANGE 29 EAST,WILLAMETTE MERIDIAN, FRANKLIN COUNTY,WASHINGTON, SAID STRIP BEING 30.00 FEET IN WIDTH AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHWEST 3Q FEET TOGETHER WITH THE NORTH 30 FEET OF SAID PARCEL 2,RECORD OF SURVEY RECORDED IN VOLUME 1 OF 5URVEYS, PAGE 598, RECORDS OF FRANKLIN COUNTY,WASHINGTON. � p. Bqq J�.��.� �S"�N r�~s� Q� �,� `�i Z 4�0 � F REGISTE�ti ��UIG4L LAN�S� �a1v�� Exhibit A �L 3 Q N Q W� �� z � � � �~M �� W �� h T ��y m ::�:� ,� � � /:��::��-� �� :::��i W a a� �� ::.� ;� � �° a v, / " '� o� [:'•��::� w / � [:::�... o �`� M / / .. .. � �"�::: � / ��':� � �'::::: � 3 �'•::. N�'�:� � cfl..:i:: � V � ��.:� � .,,i� p � . a� ' w� t a v�i �''�`�� r� ' �n � - b��:�::` v 1 m:�:: �°r° r� w� Z:��'�� o; o ` � M � � 60, f;:-tj.�:'� w lt! .:;#•.'_— � s 30' � � �::�"'� \ \ .. M � �:� �;::::;:: � o \ � ._�..:� Z z \ �t;:�.:�:� � � t:::::- � � �� \��'� t�,�v ��-:::::::: V w I _ °' o 0 0 io � PN � N I �_�� Z � �r �a � � mQ o� J � �I): * v i� -� Q�� , �W� \ O��e �,�`' \ ��b �°� \ � _ _� � i Exhibit A LEGAL DESCRIPTION WATER LINE EASEMENT PORTION WITHIN PARCEL 1 ROS 2-782 A STRIP OF LAND LYING IN PARCEL 1, RECORD SURVEY RECORDED IN VOLUME 2 OF SURVEYS,PAGE 782, RECORDS OF FRANKLIN COUNTY,WASHINGTON,SITUATE IN THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 9 NORTH, RANGE 29 EAST,WILLAMETTE MERIDIAN, FRANKLIN COUNTY,WASHINGTON, SAID STRIP BEING 30.00 FEET IN WIDTH WITH 15.00 FEET OF SAID WIDTH LYING ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1;THENCE NORTH 89°16'09" EAST 228.00 FEET ALONG THE MOST SOUTHERLY BOUNDARY OF SAID PARCEL 1 TO THE TRUE P�INT OF BEGINNING OF TNE DESCRIBED LINE; THENCE NORTH 0°13'44" EAST 30.34 FEET THENCE NORTH 45°13'44" EAST 49.78 FEET THENCE NORTH 89°41'48" EAST 624.48 FEET THENCE SOUTH 58°14'30" EAST 56.36 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID PARCEL 1 AND THE TERMINUS OF SAID LINE. THE SIDEIINES OF SAID STRIP TO BE SHORTENED OR LENGTHENED TO TERMINATE AT THE SOUTHERLY BOUNDARY OF SAID PARCEL 1. B �\�� H N T� �� Z . � FS REC�S ERE ��L LAt�5� �-3azo�1