HomeMy WebLinkAboutTTB Investments Easement #119492167FILED FOR RECORD AT REQUEST OF:
City of Pasco
WHEN RECORDED RETURN TO:
AFN # 1833898 RW
City of Pasco, Washington
08/24/2015 11:16 AM
14 Page(s) $85.00
525 North 3
Matt Beaton, Auditor
Pasco WA 99301
Franklin Co.. WA
Tax Parcel No: 119492167
Legal Description: SHORT PLAT 86-1 LOT 3 & 4
RIGHT-OF-WAY/EASEMENT/ENCROACHMENT
LICENSE AGREEMENT
THIS LICENSE AGREEMENT entered into this day of�, 201_. by
and between TTB Investments LLC , 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
1. Grant of License. The City does hereby grant to Licensee a
nonexclusive license to locate, construct and maintain the following described
improvements:
Bush Car Wash Signs Pole Sign and Entrance Directional Sign
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 3810 W Court St , and more
particularly described Short Plat 86-1 Lot 3 & Lot 4 and located on Exhibit A,
attached hereto and incorporated herein by this reference.
2. Maintenance of Rieht-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.
Right-of-Way/Encroachment License Agreement - 2
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
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 home 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.
S. 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
parry 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 day of 201.
�o City of Pasco, Washington: Z
Title: Dave Zaianager
X
Licensee:
By:
Address
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 mentio
2015'oned.
GIVEN under my hand and official seal this day of
Public in and
Residing at
My Commission Expires
Right-of-Way/Encroachment License Agreement - 4
State
STATE OF WASHINGTON)
ss
County of Franklin
On this day personally appeared before me'
�2 , 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.
(A, der my hand and official seal this day of
comb •41,. _� � /.i_CrILS�. r� i I"Ct.
Notary ublic n and_ for the State of Washington
y� o VO�' Residing at �Qdl H 11 (D7wM
j y� My Commission Expires
,11,_� WesH��•e�
This Grant of License is approved by the following utility providers having an interest
in the easement which is the subject of this license.
County
Natural
Date: 2-'[1,9/14—
Date:
18 14—
Date:
Charter Communications:
Date:
Franklin County Irrigation District:
Century Link:
Big Bend Electric Cooperative:
Williams Pipeline:
Date:
Date:
Date:
Date:
Bonneville Power Administration:
Date:
Right-of-Way/Encroachment License Agreement - 5
STATE OF WASHINGTON)
ss
County of Franklin )
On this day personally appeared before me , 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 _ day of
201
Notary Public in and for the State of Washington
Residing at
My Commission Expires
This Grant of License is approved by the following utility providers having an interest
in the easement which is the subject of this license.
Franklin County PUD:
Date:
Date: 12-10--30/y
Right-of-Way/Encroachtnent License Agreement - 5
Date:
Franklin County Irrigation District:
Date:
Century Link:
Date:
Big Bend Electric Cooperative:
Date:
Williams Pipeline:
Date:
Bonneville Power Administration:
Date:
Right-of-Way/Encroachtnent License Agreement - 5
STATE OF WASHINGTON)
ss
County of Franklin )
On this day personally appeared before me described
in and who executed the within and foregoing instrument, and acknowledged that
thcAhe 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 day of
201
Notary Public in and for the State of Washington
Residing at
My Commission Expires
This Grant of License is approved by the following utility providers having an interest
in the easement which is the subject of this license.
Franklin County PUD:
Date:
Date:
Franklin County Irrigation District: Date:
Link:
Date:
Date:
Big Bend Electric Cooperative:
Williams Pipeline;Date:
Date:
Bonneville Power Administration:
Date:
Right-of-Way/Encroachment License Agreement - 5
STATE OF WASHINGTON )
County of Franklin )
ss
On this day personally appeared before me 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 day of
201
Notary Public in and for the State of Washington
Residing at
My Commission Expires
This Grant of License is approved by the following utility providers having an interest
in the easement which is the subject of this license.
Franklin County PUD:
Cascade Natural Gas:
Date:
Date:
Date: ////a
Date:
Century Link:
Date:
Big Bend Electric Cooperative:
Date:
Williams Pipeline:
Date:
Bonneville Power Administration:
Date:
Right-of-Way/Encroachment License Agreement - 5
11/12/2014
001 YESCO,.
Utility Easement approval
2 messages
Mail - Utility Easement approval
Dan Risk <drisk@yesco.com>
Dan Risk <drisk@yesco.com> Wed, Nov 12, 2014 at 9:53 AM
To: gewilfong@bpa.gov, mike. brown@centurylink.com
Good Morning,
Attached is the revised license agreement, it includes the comments from FCID
Please note, page 5 of the License Agreement has a place for the signatures of various other
utilities. Please get the signature of the identified utilities that maywantto use the Utility
Easement at some point. If the listed Utility does not have facilities in the area, please ask for a
document stating that (email would be sufficient).
Any questions please do not hesitate to contact us,
Thanks
Dan Risk
Branch Manager/Sales
Ml YESCO,
9304 W Clearwater Drive #B
Kennewick WA 99336
509.783.4589 Phone
509.308.5227 Cell
509.735.1381 Fax
r� 141110MAP Right -of -Way — Encroachment License Agreement— Bush Car Wash.pdf
896K
Brown, Mike A <Mike.Brown@centurylink.com>
To: Dan Risk <ddsk(cDvesco.com>
' Centurylink has no problem with the sign in
Mike Brown
SR, Engineer
Wed, Nov 12, 2014 at 9:55 AM
haps:/lmaiI.google.com/mail/u/0/?ui=2&ik=bbbf4e7f6a&xiev pt&search=inbox&th=149a52347b2d3394&siml=149a52347b2d3394&siml=149a525a8f2b8164 113
12/8/2014
0] YESCO-
Centulylink Locate Notification
1 message
Mail - Centurylink Locate N otlficabon
IRTH.Net@centurylink.com <IRTH.Net@centurylink.com>
To: DRISK@yesco.com
Dan Risk <drisk@yesco.com>
Mon, Dec 8, 2014 at 3:32 PM
-------------------------------------------------------------------
To: YOUNG ELECTRIC SIGN COMPANY Attn: DAN RISK
Voice: 5097834589 Fax:
Re: Centurylink Locate Notification
Message from CenturyLink The described dig area of your locate request has been
checked and is clear for the CenturyLink CTLCL Network. If you ha%e any
questions please call CenturyLink at 1-800-283-4237
Ticket: 14341938
County: FRANKLIN Place: PASCO
Address: 3810 W COURT ST
QLNWA11:
The described dig area of your locate request has been marked. CenturyLink
Local Network facilities are present in the dig area. If you have any
questions, please call CenturyLink at 800-2834237 for former Qwest areas
and 855-742-6062 for CenturyLink.
Centurylink
This message was generated by an automated system. Please do not reply to this
email.
https://mail.google.caMmai1/".ui=2&ik=bbbf4e7f6a&, �pt&search=inbo)gtli-14a2c3f7c235667f&siml=14a2c3f7c235667f 1I1
12/18/2014 Bush Car Wash Sign 3810 W Court St- drisk @yesco.com - Mail
big bend electric
Move to Inbox More
pm
MPOSE - Bush Car Wash S... ■
Fincher, Paul M From: Dan Risk [mailto:drisk@yesco.com] Sent: Thursday
Admin <admin@bbec.org>
to me
This is outside of Big Bend Electric Cooperative's service terri to ry.
Wed, Dec 31
7:45 Boise WIG/Sales I Fronx Admin
Sent: Wednesday, November 05, 2014 3:24 PM
Wed, Jan 7, 2015 To: Carl True
7:45 Boise W IG/Sales I Subject: FW: Bush Car Wash Sign 3810 W Court St
https://mai l.goog le.coMmail/W0/?shwa=1#apps/big+bend+electric/n50/l4958fd487bfb27c 1/1
Carl True
Staking Engineer
Big Bend Electric Cooperative, Inc.
102 East Columbia
Mesa, WA 99344
Mailing: Address
x
December 2014
»
P.O, Box 348
S
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Ritzville, WA 99169
30
1 2 3
4
5
6
Phone (509) 659-1700
7
8 9 10
11
12
13
Phone (866) 844-2363
Fax (509) 265-4226
14
15 16 17
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ctrug bec.OY�
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22 23 24
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29 30 31
1
2
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Wed,
Dec 24
7:45
Boise WIG/Sales
I,
Wed, Dec 31
7:45 Boise WIG/Sales I Fronx Admin
Sent: Wednesday, November 05, 2014 3:24 PM
Wed, Jan 7, 2015 To: Carl True
7:45 Boise W IG/Sales I Subject: FW: Bush Car Wash Sign 3810 W Court St
https://mai l.goog le.coMmail/W0/?shwa=1#apps/big+bend+electric/n50/l4958fd487bfb27c 1/1
STATE OF WASHINGTON)
ss
County of Franklin )
On this day personally appeared before me 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 day of
201
Notary Public in and for the State of Washington
Residing at
My Commission Expires
This Grant of License is approved by the following utility providers having an interest
in the easement which is the subject of this license.
Franklin County PUD:
Date:
Natural Gas:
Date:
Charter Communications:
Date:
Franklin County Irrigation District:
Date:
Century
Date:
Big Bend Electric Cooperative:
Right-of-Way/Encroachment License Agreement - 5
Date:
Date: #- 0 6 -/y
Date:
NT OFF. Department of Energy
N
Bonneville Power Administration
•
PO Box 4580
West Richland, WA 99353-4049
�gits OF
TRANSMISSION BUSINESS LINE
December 17, 2014
In reply refer to:
City of Pasco
525 North 3`d
Pasco, WA 99301
Dear Sir/Madam:
The Bonneville Power Administration (BPA) has had the opportunity to review the site plan
proposal to install a sign, located at 3810 W Court St, Pasco, WA 99301.
In researching our records, we have found that this proposal will not impact our transmission
line corridors. BPA does not have any objections to the approval of this request at this time.
Thank you for the opportunity to review this application.
Sincerely,
Sandra L. Billings
Field Realty Specialist
3
ShE
jRT, ROAD
EXHIBIT
BROWN STREET
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