HomeMy WebLinkAboutNicholas Johnson ROW Easement EncroachmentAFN # 1820152 EASE
10/03/2014 09:49 AM
6 Page(s) $77.00
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 3rd
Pasco WA 99301
Tax Parcel No: 117250112
Legal Description: FIRST PLACE PHASE 2 LOT 12
RIGHT- OF- WAY/EASEMENT/ENCROACHMENT
LICENSE AGREEMENT
THIS LICENSE AGREEMENT entered into this 9 day of September ,
2014 ' by and between Nicholas Johnson , hereinafter referred to as "Licensee ", and
the City of Pasco, Washington, a Municipal Corporation, hereafter referred to as "City."
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.
Right -of -Way /Encroachment License Agreement - 1
aS S—)
1. Grant of License. The City does hereby grant to Licensee a
nonexclusive license to locate, construct and maintain the following described
improvements:
Landscape Boulder
The right -of -way /easement may be subject to the location by other utility
providers within this easement or franchise rights to which Licensee accepts this license
subject to the rights of such utility providers.
To the extent this Grant of License may affect such other utility providers, their
consent shall be required.
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 3919 Peppertree Ct , and more
particularly described and located on Exhibit A, attached hereto and incorporated herein
by this reference.
2. Maintenance of Right- of- Wav/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.
Right- of- Way/Encroachment License Agreement - 2
C. Licensee's unresolved default of any of the terms of this
Agreement.
Upon tennination 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
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 borne 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
Right- of- Way/Encroachment License Agreement - 3
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.
DATED this V�&day o 2014.
City of Pasco, Washington-
BY:
Title: Tave Zabeft,'CWRanager
Licensee:
By: (/L /Vlc rzg �3-ci'Ngo -'�
Peone'r-iyP e, r t
Address
Pasco. Wei Q93dI
City /State /Zip Code
STATE OF WASHINGTON)
ss
County of Franklin
On this day personally appeared before me Dave Zabell , 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 and purposes therein mentioned.
GIVEN under my hand and official seal this VR day of�,
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License Agreement - 4
of Washington
STATE OF WASHINGTON)
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County of Franklin
On this day personally appeared before me JU((h OI BS h. JrV 11n f%i/I , described
in and who executed the within and foregoing instrument, and acknowledged that
9she signed the same asp/her free and voluntary act and deed for the uses and
purposes therein mentioned.
,(�T,y,F,1,V� under my hand and official seal this day of
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NOTARY i
Notary Public in and for the State of Washington
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Residing at fru V—OY/
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This Gradf'biLicense is approved by the following utility providers having an interest
in the easement which is the subject of this license.
Franklin County Irrigation
Century Link:
Big Bend Electric Cooperative:
Williams Pipeline:
Bonneville Power Administration:
Right- of- Way/Encroachment License Agreement - 5
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