Loading...
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