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Home My WebLink AboutQUAINTANCE, BRUCE Filed for Record at Request of: , When Recorded Return to: City Clerk City of Bremerton _ � 345 Sixth Street, Suite 600 � BREMEF2TON CITY OF 200912290 I � Bremerton, WA 98337 �I Agreement Rec Fee• $ 67 0 � page i of 6 12/29/2009 11:51 RM Walter Washington Kitsap Co Ruditor � ��Il��lllllilllll��ll�l��ll�l�ll�l�i��ill�I��i��1��1__ _� . AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Grinder Pump Service Agreement Reference Number(s) of Documents assigned or released: N/A Grantor(s)I 1. Bruce R. Quaintance Declarant: X� Additional names on page 4 of document. Grantee(s): 1. City of Bremerton, a Municipal Corporation � Additional names on page 4 of document. Legal Description: A portion of the SE '/< of the NW '/4 in Sec. 32, T24N R 1 E., W.M. Kitsap County, (abbreviated) Washington. � Additional legal is on page 5, 6 of document. Assessor's Property Tax Parcel/Account Number: 4504-000-007-0402 � '��CI�� TA�: �XE�PT �EC 2 9 2pn9 � ��— GRINDER PUMP SERVICE AGREEMENT This Agreement is made this 3� day of � d"'� , 2Q��between the CITY OF BREMERTON, a municipal corporation ("City") and Bruce R. Quaintance ("Owner"). Page 1 of 6 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 thereo£ 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 and/or 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 6 Grinderpumpagrmnt unauthorized, use, damage of and/or 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, and/or 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 1 � the City with Kitsap County Office of Records and Elections. Page 3 of 6 ' Grinderpumpagrmnt By � --- Bruce R. uaintance CITY OF BREMERTON By i� Its �J�l1 L:y'y'iYl�,1�' 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 Bruce R. Quaintance, 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. `` ��NifillNj�j�� ` �`,��tpE eF l i � Dated � �/ � �� = � �,,OTA�Iy 9 ,G� % � �' ,�It it, 5018 �' _ : �'Y6��d p $ � �L�� . _ � �� `a 0 ~ �� Notary Public in nd for the State of 4i��f Washington, residing at Bremerton My Appointment Expires: 7/18/2013 Page 4 of 6 Grinderpumpagrmnt . EXHIBIT "A" A PORTION OF SECTION 32, TOWNSHIP 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN TAX ASSESSOR'S ACCOUNT NUMBER RP ID ADDRESS 4504-000-007-0402 1675776 4033 W BELFAIR VALLEY RD LEGAL DESCRIPTION BREMERTON WATERWORKS TRACT (MH8-393 TITLE ELIM 1993 FLEET 27X48 ORFLP4815854BS) LOT C SHORT PLAT 705R-1 RECORDED UNDER AUDITOR'S FILE NO. 1152053 AMENDED UNDER AUDITOR'S FILE NO. 9204230054; BEING THAT PORTION OF TRACT 7, BREMERTON WATERWORKS TRACTS, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 102, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID TRACT 7 AND THE SOUTH MARGIN OF NAVY YARD HIGHWAY; THENCE N88*38'00 W ALONG SAID SOUTH MARGIN 62.00 FEET; THENCE S1*40'S7 W 201 FEET TO THE TRUE POINT OF BEGINNING; THENCE S88*38'00 E 4.55 FEET; THENCE S1*38'00 E 143.75 FEET; THENCE N88*38'00 W TO THE WEST LINE OF SAID TRACT 7; THENCE NORTH ALONG SAID WEST LINE TO A POINT THAT BEARS N88*38'00 W FROM THE TRUE POINT OF BEGINNING; THENCE S38*88'00 E TO THE TRUE POINT OF BEGINNING; SITUATE IN KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION OF TRACT 7, BREMERTON WATER TRACTS, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 102, RECORDS OF KITSAP COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID TRACT 7 AND THE SOUTH MARGIN OF NAVY YARD HIGHWAY; THENCE N88*38'00 W ALONG SAID SOUTH MARGIN 62 FEET; THENCE S1*40'S7 W 201 FEET TO THE TRUE POINT OF BEGINNING; THENCE S88*38'00 E 4.55 FEET; THENCE S1*38'00 E 143.75 FEET; THENCE N88*38'00 W 17.73 FEET; THENCE Nl*38'00 W TO A POINT THAT BEARS N88*38'00 W FROM THE TRUE POINT OF BEGINNING; THENCE S88*38'00 E TO THE TRUE POINT OF BEGINNING; SITUATE IN KITSAP COUNTY, WASHINGTON, CONVEYED UNDER AUDITOR'S FILE NO. 8011120123; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS A STRIP OF LAND 14 FEET IN WIDTH, THE EASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 7, BREMERTON WATERWORKS TRACTS, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 102, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID TRACT 7 AND THE SOUTH MARGIN OF NAVY YARD HIGHWAY; THENCE N88*38'00 W ALONG SAID SOUTH MARGIN 62 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; Page 5 of 6 Grinderpumpagrmnt EXHIBIT "A" CONTINUED THENCE S1*40'S7 W 100.5 FEET; THENCE S45*W 40 FEET; THENCE S1*40'S7 W 70 FEET; THENCE S88*38'00 W 14 FEET; THENCE Nl*40'S7 E 75 FEET; THENCE � N45*E 25 FEET TO A POINT 76 FEET WEST OF THE EAST LINE OF TRACT 7; THENCE N1*38'00 E 100.5 FEET TO THE TERMINUS OF SAID LINE; SITUATE IN KITSAP COUNTY, WASHINGTON. , Page 6 of 6 Grinderpumpagrmnt