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HomeMy WebLinkAboutPasco School Dist 1 ROW Easement Encroachment - Parcel #116170030FILED FOR RECORD AT REQUEST OF: CllyofPasco AFN 41823483 RW 1213012014 11:14 ANI WHEN RECORDED RETURN TO: 6 Page(s) $77.00 City of Pasco, Washington Matt Beaton. Auditor 525 North 3" Franklin Co.. WA Pasco, WA 99301 Tax Parcel No: 116170030 Legal Description: Ptn E2NZNE4 10.9-29 DAB: Beg At SE Cor Of NE4 Sd See; Th N00D33' W Alg E Ln Of NFA Of Sd See, 1335,28' To SE Cor Of N2 NE4 Sd See & TPOB; Th Cont N00D331W, 1335.28' To NE Cor of NE4 Set See; Th Leav E Lu of NE Sd Sec, S88D11'W Alg N Ln Of NE4 Sd See, 1301.93; Th Leav N Ln of NE4 Sd See, S00D361E, 1340.76' To S Ln Of N2NE4 Sd See; Th N87DS61E Alg S Ln N2NE4 Sd See, 1300.6' To TPOB, RIGHT -OF- WAY/EASEMENT/ENCROACHMENT LICENSE AGREEMENT THIS LICENSE AGREEMENT entered into this day of 201, by and between Pasco School District No. 1 , 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: over 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 shalt be required, and the other utility providers shall have the same rights as the City as provided herein with regard to the other utility provider's utilities, rights-of- way and easements. 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 Rosalind Franklin STEM Elementary School . and more particularly described Franklin STEM Elementary School and located on Exhibit A, attached hereto and incorporated herein by this reference. 2. Maintenance of Right-of-Wav&asenrent. Licensee shall maintain the right-of-way/easement encroachment areas as designated on Exhibit A includhrg 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 fill 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 rigbt-of- Right-of-Way/Encroachment License Agreement - 2 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 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 frolu 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 pennissive 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 ofwhich 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 Ilse 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. 8. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise between the parries as a result of the breach, Right-of-Way/L•ncroaclunent License Agreement - 3 interpretation, or performance or 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. DATED this day 201_. City of Pasco, Waslmgt n: By: Title: ave Zabe anager Licem M Pasco, WA 99301.5472 City/State/Zip Code STATE OF WASHMOTON ) 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 2 day of 201, . \�Z U/ zL Notary Public 'n and tErte State of Waslil &t .:F N?,Y Residing at My Commission Expires vis StMe,Rai Right-of--Way/Encroachment License Agreement - 4 °O°°'� OF \NF ���/lllllll� STATE OF WASHINGTON) : ss County of Franklin ) On this day personally appeared before me para k -inrN -oN , 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 S•„�uan�enr'Am - 201r� V� yy r y 4-70 0 f*'•oy��: t y Public in and for the State of Washington [ding at ' 1 sc_o Sone leis a My Commission Expires{aS_llane i= � '•• O�ty .�� ��` � W:nl n en:9am N.nar, I'n61i .. • *l�•••••••� c�``�C, MY+PI^'n�nuol nppn, 1111119;21110 Ai. ,.. OF�M�}� ` This Grant of License is approved by the following utility providers having an interest .q in the easement which is the subject of this license. Williams Pipeline: F026"ST 5INC46z- Power Right-of-Way/Encroaclunent license Agreement - 5 Date: Date: gr 3 Date: Date: Date: I I V A(A Date: Dale: g17g I e Date: 6 1 6 I 1 ! 1 r 1 �� SwN �^ l.�I ,IV , 1 1 ,{ • �' Y I.Y 3• + Y-• � •_l 1 �. , N,.� ��}.r .nnn u.Ml iMN Mroii � �'•Mv<••' aJL /maw n VnYYN Ym IP/tOAI l 01 ^l , , n Y r i. • aw w,rner ulY `i4•' .wiv Yor oW r I :,fQ! { veamN llNx. 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