HomeMy WebLinkAboutFranklin Co Encroachment Agreement WHEN RECORDED RETURN TO: AFN#1800639 PRAG
City of Pasco,Washington 05/24/2013 08:43 AM
4 Page(s)$75.00
525 North 3rd Matt Beaton,Auditor
Pasco WA 99301 Franklin co..WA
ENCROACHMENT AGREEMENT
THIS AGREEMENT dated this a/ day of , 2013, is
by and between Franklin County hereinafter referred to as "Co ty" and the City of
Pasco, a State of Washington Municipality,hereinafter referred to as "Pasco."
WHEREAS, County owns property adjacent to Pasco's right-of-way on 5th
Avenue upon which it maintains a Courthouse Campus including the County jail; and
WHEREAS, County has expanded the County jail and landscaping area
resulting in an eighty foot (80') section of the western wall of the expanded jail
encroaching approximately five inches (5") upon the adjacent Pasco right-of-way, which
encroachment is more particularly described in Exhibit A; and
WHEREAS, the jail and landscaping improvements in the right-of-way will be
maintained by County, and Pasco is agreeable to allowing the encroachment.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the Parties agree as follows:
1. Grant of Encroachment. Pasco hereby grants and conveys to County for
the benefit of its real property upon which the Courthouse Campus is located, a right of
encroachment within Pasco's right-of-way on 5th Avenue upon that real property
described in Exhibit A, attached and incorporated herein.
2. Maintenance of Encroachment Area. The County shall be responsible, at
its sole cost and expense, for the improvement and maintenance of the Encroachment
Area, maintaining it in good condition and repair.
Encroachment Agreement- 1
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3. Indemnity. The County shall defend, indemnify and hold Pasco harmless
from any claims, damages, judgments (including attorney fees) arising out of the
negligent acts or omissions of the County resulting from its use, occupancy, or
maintenance of the Encroachment Area, except for that arising as of result of the sole
negligence of Pasco.
4. Running With The Land. This Agreement touches and concerns that real
property described above, and shall run with the land and shall be binding upon the
parties hereto and binding upon and for the benefit of the County, and each of its
successors or assigns.
5. Termination. In the event the County, or its successors in interest
demolishes that portion of the jail building or improvements, which are the subject of
this Encroachment Agreement, this Agreement shall terminate and all rights granted
through this Agreement, shall have no further force or effect.
6. General Terms. For the purpose of this Agreement, time is of the
essence. In the event of a dispute, the parties shall first meet in a good faith attempt to
resolve the dispute. If the parties are unable to resolve the dispute, with or without the
assistance of mediation, the dispute shall be resolved by binding arbitration pursuant to
RCW 7.04A in Pasco, Franklin County, Washington; and the substantially prevailing
party shall be awarded its attorney fees and costs as an additional award and judgment
against the other party.
IN WITNESS WHEREOF, the Parties to this Agreement have set their hands
as of the date first written above.
FRANKLIN COUNTY CITY 0 P SCO ' ASH t GTON
Rick Miller, Commission Chair Gary tcrs`- [ar'Rranager
Encroachment Agreement-2
STATE OF WASHINGTON )
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County of Franklin )
On this 3 day of ity , 2013, before me personally appeared
Rick Miller, Chair, Franklin County Commission, described in and who executed the
foregoing instrument, and acknowledged that he signed the same as his free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year first written above.
_'�:,.,got EX 1R,,,'� /%� NOTAR1 PUBLIC in and for the State of
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STATE OF WASHINGTON )
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County of Franklin )
On this mac/ day of , 2013, before me personally appeared
Gary Crutchfield, City Manager fort City of Paso, described in and who executed the
foregoing instrument, and acknowledged that he signed the same as his free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official s al the day an/ =. first written above.
Or ,
011• L. Z(1 i� NOTARY PUBLI& and for the State of
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Encroachment Agreement-3
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Exhibit A Encroachment
COMMENCING AT THE INTERSECTION OF 5TH. AVENUE AND VACATED OCTAVE
STREET; THENCE ALONG THE CENTERLINE OF SAID VACATED OCTAVE STREET
SOUTH 89°20'11" EAST, 40.00 FEET TO THE EASTERLY RIGHT-OF-WAY OF SAID
5TH. AVENUE; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY OF 5TH. AVENUE
SOUTH 00°43'05" WEST, 135.00 FEET TO THE POINT OF BEGINNING; THENCE
NORTH 89°16'55" WEST, 2.50 FEET; THENCE SOUTH 00°43'05" WEST, 83.50 FEET;
THENCE SOUTH 89°16'55" EAST, 2.50 FEET TO SAID EASTERLY RIGHT-OF-WAY OF
5TH. AVENUE; THENCE NORTH 00°43'05" EAST, 83.50 FEET TO THE POINT OF
BEGINNING.
CONTAINING 209 SQUARE FEET MORE OR LESS.