HomeMy WebLinkAboutAdrian Ramirez ROW Easement EncroachmentAFN # 1820163 EASE
10103/2014 09:49 AM
6 Page(s) $76.00
Matt Beaton, Auditor
Franklin Co.. WA
FILED FOR RECORD AT REQUEST OF:
City of Pasco
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North P
Pasco WA 99301
Tax Parcel No: 117170446
Legal Description: DESERT ESTATES PHASE 1 LOT 14
RIGHT- OF- WAY/EASEMENT /ENCROACHMENT
LICENSE AGREEMENT
THIS LICENSE AGREEMENT entered into this 20 day of August ,
201 4 , by and between Adrian R Ramirez , hereinafter referred to as "Licensee ",
and the City of Pasco, Washington, a Municipal Corporation, hereafter referred to as
"Cit "
Y•
WHEREAS, the Licensee desires to or has constructed certain improvements
which encroach upon the right -of -way and/or easement described herein, and desires to
maintain such improvements within the City's right -of -way /easement; and
WHEREAS, the Licensee recognizes that said improvements are subject to, and
secondary to the City's primary public use of the right -of -way /easement, and that such
improvements may, be removed, and/or damaged as a result of the City's use of its
right -of -way or easement; and
WHEREAS, the City is desirous to allow Licensee to make beneficial use of
their improvements without creating a risk of adverse possession or easement by
prescription, and without exposing the City to any liability arising out of such beneficial
use.
NOW, THEREFORE, and in consideration of the mutual terms and covenants
contained herein, this License is granted by the City to Licensee according to the
following terms and conditions.
1. Grant of License. The City does hereby grant to Licensee a
nonexclusive license to locate, construct and maintain the following described
improvements:
Right- of- Way/Encroachment License Agreement - I
s
v
Install a Block Fence on Three Sides of the Property
If the improvement consists in whole or in part of a sign, such sign shall be in
compliance with the requirements of PMC 17 (Sign Code).
This is a License is to encroach upon that right -of -way /easement immediately
adjacent to that property commonly known as 4507 Sedona Dr , and more
particularly described Desert Estates Phase 1, Lot 14 and located on Exhibit A,
attached hereto and incorporated herein by this reference.
2. Maintenance of Right-of-Way/Easement. Licensee shall maintain the
right -of -way /easement encroachment areas as designated on Exhibit A including
maintaining the improvement thereon in a well maintained and working condition, free
of defects, deterioration or damage which may pose a risk to users of the adjacent right -
of -way /easement and any City utilities or property located thereon. Landscaped areas
within the encroached licensed area shall be maintained in a clean and litter -free
condition with all landscaping, attractive and pest -free condition. Failure to maintain
the encroachment area and landscaping as herein described shall constitute a default of
this Agreement resulting in its termination by the City, and the removal of all
improvements within the right -of -way /easement as determined by the City of Pasco
Public Works Director.
3. Termination. Unless terminated as provided in Section 2 above, this
Agreement shall remain in full force and effect until such time as:
A. The improvement is removed by the Licensee.
B. This License is terminated by the City upon six (6) months
advance written notice if, within the sole discretion of the City, the right -of-
way /easement subject to this Agreement is necessary for its municipal primary
use.
C. Licensee's unresolved default of any of the terms of this
Agreement.
Upon termination of the License herein granted, the Licensee shall remove any
improvements and restore the area to the appropriate graded condition satisfactory to
the City of Pasco Public Works Director.
4. Improvements. Licensee shall have sole responsibility for the
construction, upkeep, maintenance, repair, and removal of any improvements at its sole
cost subject to this Agreement. Prior written approval shall be required from the City
Right- of- Way/Encroachment License Agreement - 2
for any installation, improvements, modifications or removal of any of the
improvements upon the premises. The authorization herein granted shall not be
exercised until a City permit authorizing the improvements has been issued by the City.
5. Acknowledgment. The Licensee acknowledges that this License
personal to the Licensee and may be terminated as provided above; constitutes
permissive use of the right -of -away /easement and Licensee shall acquire no legal, or
equitable interest in the real property of the City within the right -of -way /easement;
Licensee's use is secondary to the primary municipal use of the right -of -way /easement
and Licensee's improvements may need to be temporarily or permanently removed,
altered, relocated, and potentially damaged as a result of the City's municipal use of the
right -of -way /easement, and the costs of which shall be bome by the Licensee.
6. Indemnification. Licensee does hereby indemnify, defend, and hold
harmless the City, its agents, employees, officers, and elected officials, for any loss,
claims, damages, causes of action, assessments or penalties arising out of Licensee's
construction and use of the improvements within the premises, including all attorney
fees, costs of investigation, expert fees and costs of mediation.
7. License Runs With the Land. The terms and conditions of this
License, while personal to the Licensee, shall run with the land described in Section 1
above for the benefit of its successors in interest, subject to the terms of this Agreement
including the rights of termination as provided in Section 3 above, and shall not be
assignable by the Licensee to any other party except on the prior written consent of the
City. The licensee shall bear the cost of recording this document with the Franklin
County Auditor, and shall provide said payment costs to the City at the time of
submittal of the request.
8. General Provisions. For the purpose of this Agreement, time is of the
essence. Should any dispute arise between the parties as a result of the breach,
interpretation, or performance of this Agreement, venue shall be placed in Franklin
County, Washington, the laws of the State of Washington shall apply, and the prevailing
party shall be awarded its attorney fees and costs against the other as an additional
judgment.
Except for actions for injunctive relief or specific performance, all other disputes
shall be resolved by arbitration pursuant to RCW 7.04A, the Mandatory Rules of
Arbitration (MAR), with all parties waiving the right of a jury trial upon de novo
review, with the substantially prevailing party being awarded its reasonable attorney
fees and costs against the other.
Right- of- Way/Encroachment License Agreement - 3
DATED this Z0"day of Aar az t , 201 '/ .
City of Pasco Washington:
By:
Stan Strebel, Acting City ager
Licensee,
By:
Adrian R. Ramir
4507 Sedona Dr.
Address
Pasco, WA 99301
City /State/Zip Code
STATE OF WASHINGTON )
ss
County of Franklin
On this day personally appeared before me Stan Strebel, Acting City Manager of the
City of Pasco, Washington, described in and who executed the within and foregoing instrument,
and acknowledged that he signed the same as his free and voluntary act and deed for the uses
000YbUs_therein mentioned.
.`N '�4'VSSIO�'9
�bi3�nder my hand and o (seal thin- iQf1 201.
co U °_ Notary Public in and for the State of Washingne
'i��gi�C GUST t7 1�: �'���•�� Residing at (L �tib Leib' 1/
�iUpOF'W ASH`S ` My Commission Expires C7 i 9�
STATE OF WASHINGTON )
ss
County of Franklin )
On this day personally appeared before me Ad(- �o-n R� (- e 2 , described in and
who executed the within and foregoing instrument, and acknowledged that thelshe signed the
same as his/her free and voluntary act and deed for the uses and purposes therein mentioned.
y hand and official seal this d0 day of ask 2014 .
Notary Pubtic
State of
L. SHANKS
KRYSTLE L. SHANKS
MY COMMISSION EXPIRES
Notary Public in and for the State of Washington
January 5, 20th
Residing at
My Commission Expires
Right- of- Way/Encroachment License Agreement - 4 �—
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