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Home My WebLink AboutPasco School Dist 1 ROW Easement Encroachment - Parcel #112096046FILED FOR RECORD AT REQUEST OF: City of Pasco WHEN RECORDED RETURN TO: City of Pasco, Washington AFN # 1623464 RW 12/30/2014 11:17 AM City Engineer 6 Page(s) $77.00 525 North 3' Matt Beaton, Auditor Pasco WA 99301 Franklin Co.. WA Tax Parcel No. 112096046 Legal Description: PASCO LAND COS 1sT LOTS 1 TO 12, BLK 164& TOG W2 VAC ALLEY & S2 NEW YORK. TOG W/PASCO LAND CO IT LOTS 13 TO 24, BLK 164 W/VAC ALLEY & W/ VAC MONTANA AND 10' OF VAC SPOKANE & 10' VAC CALIFORNIA ST. TOG W/PASCO LAND COS IT BLK 167 & 168 W/E2 VAC MONTANA & VAC N/S ALLEY. TOG W/FREY'S ADDN BLK 1 TOGW/W2 VAC COLORADO AVE AND VAC ALLEY AND TOG W/PTN E2 VAC MONTANA ST AND TOG W/10' VAC SOPKANE ST. RIGHT-OF-WAY/EASEMENT/ENCROACHMENT LICENSE AGREEMENT THIS LICENSE AGREEMENT entered into this �day of�HcJtou� 201 by and between the Pasco School District No. 11 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. Right-of-Way/Encroachment License Agreement - 1 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 terns and conditions. 1. Grant of License. The City does hereby grant to Licensee a nonexclusive license to locate, construct and maintain the following described improvements: Installation of fence, mow stria and gates within the public right-of-way as shown on the ATproyed Civil Construction Plans. 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 to encroach upon that right-of-way/easement immediately adjacent to that property commonly known as Mane Curie STEM Elementary School at 715 N. California Avenue, and more particularly described and located on Exhibit A, attached hereto and incorporated herein by this reference. 2. Maintenance of Right-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. C. Licensee's unresolved default of any of the terms of this Agreement. Right-of-Way/Encroachment License Agreement - 2 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 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 I 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 of 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 party shall be awarded its attorney fees and costs against the other as an additional judgment. Right-of-Way/Encroachment License Agreement - 3 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 thWer. DATED this Jai day of l t+< 1� , 201. City of Pasco, Washington: By: ave Za -Manage`( Licer M Pasco, WA 99301-5472 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 1—day of IiAJ¢ , 20IttJ �dM d,7`�s�ii Notary Public iQ d f r State of Washin$pon 4`� Residing at �tLKALA,t) '311 a nd My Commission Expires I 1N �{ ljylON �; 2 STATE OF WASHINGTON i O County of Franklin j ss �04100'tt , On this day personally appeared before me , 5c,C'aAr--, -TkocrlA bed 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. Right-of-Way/Encroachment License Agreement - 4 GIVEN under my hand and official seal this 'Qday of G�D� ¢� , 201 1A 11111/ill,611 . A& WC/4��' ' Not ubli�c ' {and for the State of Washington— .. . . ashington.... 4j9�Residingat A5(0 ass'� Y - My Commission Expires 'N 1NG```��. Notary ublic State of Washington Maria Alicia Madrigal MY COMMISSION Expim August 14 2017 Right-of-Way/Encroachment License Agreement - 5 m v 0 m O N O I -1// N -1°=====__- H H/ FN. NE, IK IZ Im I� I I ------------ m ----------