HomeMy WebLinkAboutLeah Kirk License AgreementAFN # 1826865 RW
03/24/2015 03:49 PM
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 P
Pasco WA 99301
RIGHT-OF-WAY/EASEMENT/ENCROACHMENT
LICENSE AGREEMENT
THIS LICENSE AGREEMENT entered into this 17th day of March, 2015, by
and between Leah Kirk, hereinafter referred to as "Licensee", and the City of Pasco,
Washington, a Municipal Corporation, hereafter referred to as "City."
WHEREAS, the Licensee desires to maintain existing hard -surfacing consisting of
pavers, which encroaches upon or is located within 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 and maintain the following described improvements:
Hard -surfacing consisting of pavers measuring 9.25 feet wide by 15.5
feet long, within the right-of-way landscape strip leading from the City
sidewalk to the street curb in front of 724 West Park Street
724 W. Park St. Hard -Surface Right-of-Way/Encroachment License Agreement - 1
This is a License to encroach upon that right-of-way on the south side of West Park
Street as indicated in Exhibit `A', attached hereto and incorporated herein by this reference.
Furthermore, the location of the existing hard -surfacing shall be subject to field adjustments
as determined by City of Pasco Engineering staff.
2. Cost. The Licensee shall be solely responsible for the costs of the
construction, installation, upkeep, maintenance, repair and possible removal of any
improvements within the section of right-of-way subject to this license.
3. Maintenance. Licensee shall maintain the hard -surfacing in an acceptable
and condition, free of defects, deterioration or damage which may pose a risk to users of the
right-of-way and any City utilities or property located thereon. The hard -surfacing within
the encroached licensed area shall be maintained in a clean and damage -free condition.
Failure to maintain the hard -surfacing 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 as determined by the City of Pasco Public Works Director and/or
the City of Pasco Community & Economic Development Director. The Licensee shall be
responsible for all costs.
4. Termination. Unless terminated as provided in Section 3 above, this
Agreement shall remain in full force and effect until such time as:
A. The Licensee files a request with the City that the hard -surfacing be
removed.
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 City shall remove any
improvements and restore the area to the appropriate graded condition satisfactory to the
City of Pasco Public Works Director. The Licensee shall be responsible for all costs.
5. Improvements. The City shall have sole responsibility for the construction,
upkeep, maintenance, repair, and removal of any improvements at the licensee's 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. The Licensee shall be
responsible for all costs.
6. Acknowledgment. The Licensee acknowledges that this License is
personal to the Licensee and may be terminated as provided above; constitutes permissive
724 W. Park St. Hard -Surface Right-of-Way/Encroachment License Agreement - 2
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 or other utility 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 or other utility's use
of the right-of-way/easement, and the costs of which shall be borne by the Licensee.
7. 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.
8. Authorization. The permission and authority herein granted shall not be
exercised until a City permit authorizing the has been issued by the City and upon the
faithful observance and performance of all and singular conditions and provision of this
license, and conditioned further to defend, indemnify, and save harmless the City of Pasco
against all liabilities, judgments, costs, consequence of the permission given by this license,
or which may accrue against, be charged to or recovered from said City from or by reasons
or on account of any act or thing done or omitted or neglected to be done by the Licensee in
and about the construction, reconstruction, maintenance, use and removal of improvements
located in the right-of-way and the restoration of the City right-of-way as herein required.
9. 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. Ad
DATED this Z—day of� , 2015.
City of Pasco, Washington:
By:
Title: ave Zabell. Cit v Manager
STATE OF WASHINGTON )
ss
County of Franklin
724 W. Park St. Hard -Surface Right-of-Way/Encroachment License Agreement - 3
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
Notary Public mAnd foj(
Residing at
My Commission Expires
STATE OF WASHINGTON )
ss
County of Franklin
of'' A' L04 2015.
On this day personally appeared before me ^ r l 1 Y , described in
and who executed the within and foregoing instrument, and acknowledged that the/she
signed the same as his/her free and voluntary act and deed for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal this 1- day of MOO\ 2015.
Notary Public in and for the S.taJe of Wa hington
Residing at W esf lZ l
My Commission Expires 25 i ZO 15
Nos.
state of Wasbington
P-NGELA R. PITMAN
?,1Y cm,!l4lGSION EXPIF�S
724 W. Park St. Hard -Surface Right-of-Way/Encroachment License Agreement - 4
Exhibit Item: ROW Hard -Surface
?At Applicant: Leah Kirk x
File #: PLAN 2013-003
PARK ST siT
NIXON ST
FRANKLIN COUNTY RECORDING
COVER SHEET
NAME AND RETURN ADDRESS:
CtT'( OF rASco
-32S N. 3RO AAE
?ASCO, WA C19'10r
ATrN: c," r-ANN&L-
FORM COMPLETED BY: St -VAC -C- ON6tLi PHONE# SW; •3`t`AI
PLEASE PRINT OR TYPE INFORMATION:
DOCUMENT TITLE(S) (or transaction contained therein)
1. R-tEttAT -oF -WA`( LLc_CS& A�RcEYvEN1
2. -?z4 W • PARK 51r.
3.
GRANTOR(S) (Last name, first name, middle name/initials):
1. Ct"rY OF FASLO
2.
3.
4.
❑ Additional names on page of document
GRANTEE(S) (Last name, first name, middle name/initials):
1.
2.
3.
4.
0 Additional names on page of document
LEGAL DESCRIPTION (Abbreviated: ie. lot, block, plat or section, township, range)
LOTS Z.t F Z2 13LOLr- b� S`(�vcSTE RS ADSitTON
❑ Additional legal is on page of document
AUDITOR'S REFERENCE NUMBER(S)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
WL -131.309
Additional parcel numbers on page of document
The Auditor/Recorder 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
EMERGENCY NONSTANDARD REQUEST
I am requesting an emergency nonstandard recording for an additional fee of $50.00 as provided in
RCW 36.18.010. 1 understand that the recording processing requirements may cover up or otherwise
obscure s�the tex of the original document.
AL 'i•ZLl2or5
Signature Date