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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 M T W T F S 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 18 19 20 ctrug bec.OY� 21 22 23 24 25 26 27 26 29 30 31 1 2 3 4 5 6 7 8 9 10 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 70 00 N 89'39'34 W 6' 48' 14 89 '9'34' W u9 rca 3r 4 29 7C) 0 > z. -- 10FT UTIUTTF-EASEMENT,