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Home My WebLink AboutKELLY, ROSE i Filed for Record at Request of: When Recorded Return to: City Clerk Cit of Bremerton '' �' i Y BREMERTON CITY OF 200912290274 345 Sixth Street, Suite 600 R9reement Rec Fee $ 66 00 12/29l2009 11 51 qM Page 1 of 5 � Bremerton, WA 98337 � �II�� I�� II�� I�I ��II� ��I�� I�� I� �� AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Grinder Pump Service Agreement Reference N�mber(s) of Documents assigned or released: N/A Grantor(s)/ 1. Rose V. Kelly Declarant: X� Additional names on page 4, 5 of document. Grantee(s): 1. City of Bremerton, a Municipal Corporation . � Additional names on page 4, 5 of document. �egal Description: A portion of the SW '/4 of the NE '/, in Sec. 32, T24N R 1 E., W.M. Kitsap County, (abbreviated) Washington. � Additional legal is on page 6 of document. Assessor's Property Tax Parcel/Account Number: 322401-1-048-2001 ��C��E Te43� �,�E�PT DEC � 9 20±�9 . GRINDER PUMP SERVICE AGREEMENT This Agreement is made this � day of , 2009 between the CITY OF BREMERTON, a municipal corporation ("City") and Rose V. Kelly ("Owner"). Page 1 of 5 Grinderpumpagrmnt SECTION 1: RECITALS - 1.01 The City owns and operates a sewer system in Kitsap County Washington. Owner owns that certain real property legally described in Exhibit "A" attached hereto and by this reference incorporated herein ("Property") and is in need of sewer service to the Property. In addition to compliance with all the City rules and regulations and the payment of all fees and charges for connection to the City's sewer system, the installation of a grinder pump unit upon Owner's Property is necessary to facilitate City Sewer service to the property. Such grinder pump unit has or will be installed on Owner's Property pursuant to this agreement which shall be owned by the City. 1.02 In consideration of the City's ownership, operation and maintenance of the grinder pump unit on the Property, the Owner agrees to the� certain terms and conditions relating to the grinder pump unit as set forth below. SECTION 2: TERMS AND CONDITIONS 2.01 Owner shall provide continuous access to the grinder pump unit on the Property suitable for the operation and maintenance of the grinder pump unit which may include lifting, removing and replacing such unit or any part thereof. No landscaping, trees or shrubs shall be planted and maintained in the area of the grinder pump unit which would interfere with access thereto nor shall any construction or any other activity be undertaken in the area of the grinder pump unit which would interfere with such access. Any landscaping, trees or shrubs on the ' Property shall be maintained by Owner to provide continuous access to the grinder pump unit. Owner shall maintain continuous access to the top of the grinder pump unit and shall maintain the top of such unit at least two inches above the yard sub grade whether such unit is located in a soil, grass, bark or other area upon the Property. If such unit is not accessible due to landscaping, trees or shrubbery, parked vehicles located over the unit or any other restriction, the Owner shall be accessed actual costs to the City to obtain access to the grinder pump unit 2.02 Owner shall provide and pay the cost of power for the grinder pump unit. 2.03 Owner shall pay sewer bills from the City which will include a maintenance charge for the grinder pump unit as established by City ordinance. � 2.04 Owner shall be assessed actual costs of repair, as determined by the City, in the event of damage to the grinder pump unit caused by Owner's activities andlor misuse of such unit. Misuse shall be defined by rules and regulations which have or will be adopted by the City and shall include but not be limited to the prohibition of glass, metal, plastic, paint, motor oil, rocks, ceramics and other materials in the grinder pump� unit. Misuse shall also include Page 2 of 5 Grinderpumpagrmnt unauthorized, use, damage of andlor tampering with City control panels or grinder pump tanks or other activity as may be established by rule or regulation. In the event of damage to the grinder pump unit, the City shall determine the cause of such damage and assess any charges for misuse" of the unit and the cost of repair or replacement associated or relating thereto in its sole judgment and discretion. 2.05 Owner shall indemnify, defend and hold the City harmless and not responsible for damages to Owner or any third party arising out of any damage to personal or real property caused by the grinder pump unit for any reason including overflow, power failure, andlor temporary loss of service or from any liability for any personal injury or property damage relating in any way to the grinder pump station including its installation, operation, repair and maintenance, and from any power failure resulting in operation of the grinder pump unit for any period of time, except due to the sole negligence of the City. Further, Owner hereby releases the City from any damage to trees, shrubs, grass and any other type of landscaping relating to the grinder pump unit and the City will use reasonable care to avoid any such damage. 2.06 Enforcement of the above-referenced terms and conditions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any term or condition herein, either to restrain violation or recover damages. Failure by the City, or any successor thereto, to enforce any term or condition contained herein shall in no event be deemed a waiver of right to do so thereafter. 2.07 All terms, conditions and provisions herein shall be covenants running with the land described in Exhibit "A" attached hereto and shall be binding upon the parties' successors, heirs and assigns. The City shall record this agreement following its signature by the Owner and ° the City with Kitsap County Office of Records and Elections. � Page 3 of 5 Grinderpumpagrmnt B ``-� l� Rose V. Kell CITY OF BREMERTON By C—_ Its � '1��: �o l�" STATE OF WASHINGTON ) � ) COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared Rose V. Kelly, to me known to be the individual(s) 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. ` ��O��p�(NE BFqT�i�� Dated 7 �� y'C Cs� �9 : g � �o��Ar �� . '= s = mo+ ��p � YB � ,�o � Notary Public in and for the State of ' � �'q �O `� Washington, residing at Bremerton ��i�� WAS��`� My Appointment Expires: 7/18/2013 ��iqnii�uN�� 1167279_Grinder Pump_Kelly_3800_Sam Christopherson.doc Page 4 of 5 Grinderpumpagrmnt EXHIBIT "A" A PORTION OF SECTION 32, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S ACCOUNT NUMBER RP ID ADDRESS 3800 SAM CHRISTOPHERSON 322401-1-048-2001 1167279 AVE W LEGAL DESCRIPTION 32241E PAR(1) TH PTN OF SWl/4 NE1/4 OF SEC 32 DAF BAT SW COR OF SWl/4 NE1/4 OF SD SEC 32 TH S88*25'21.SE ALG S LN THOF 464.54 FT TH Nl*40'36E 326.90FT TAP HRIN CALLED PT A FOR REF PURP TH CONT N1*40'36E 314.68FT M/L TO S MGN OF WEST OLD BELFAIR VALLEY RD (NAVY YARD HW� TH N88*38'W ALG SD MGN 94.21FT TAP HRIN CALLED PT B FOR REF PURP TH S1*40'36W 223.SOFT TO TPOB TH S1*40'36W TAP N86* 19'46W OF PT A TH S86*19'46E 94.81FT TO PT A TH N1*40'36E TAP S88*25'21.5 E OF TPOB TH N88*25'21.SW TO TPOB EXCEPT THAT PORTION TO KITSAP COUNTY FOR ROAD PER AF# 8706240125 PAR (2) AN ESMT FOR I& E OVER A STRIP OF LAND 16FT IN WIDTH THE CTRLN BEING DAF BAT SW COR OF HERETOFORE DESC PAR 1 AND THE TPOB TH N1*40'36E TO PT B AND TERM OF SD CTRLN EXC TH PTN THOF WHIN PAR 1 HERETOFORE DESC »PT OF SWl/4 NE1/4 PARCEL 1 DES AS FOLS BAAP ON S LN OF SD SUBD DIST S 88*25'21.5 E 464.54FT FROM SW COR TF RUN N 1*40'36 E 326.90FT THIS PT IS THE STARTING PT FOR THE BDRY OF PROP DES HEREIN FROM THIS PT S 86*19'46 E 67.92FT TH S 1*40'36 W 111.20FT TH N 88*25'22 W 67.92FT TH N 1*40'36 E 113.68FT TO STARTING PT PARCEL 2 THAT PT OF SWl/4 NEl/4 DES AS FOLS BAAP ON S LN OF SD SUBD DIST S 88*25'21.5 E 464.54FT FROM SW COR TF RUN TH N 1*40'36 E 326.90FT TH N 86*19'46 W 94.S1FT TH S 1*40'36 W TO S LN OF SD SUBD TH S 88*25'21.5 E TO POB EXCEPT THAT PORTION TO KITSAP COUNTY FOR ROAD PER AF#8706240125 TGW EASEMENT FOR INGRESS, EGRESS & UTILITIES AS REC PER VOL 779/367 Page 5 of 5 Grinderpumpagrmnt