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Home My WebLink AboutRYAN, PATRICK Filed for Record at Request of: , � --- � --. I BREMERTON CITY OF 201002080157 � Agreement Rec Fee $ 67.00 � When Recorded Return to : ozioe�zo�o �� 53 RM Page � of e f Walter Washington, Kitsap Co Ruditor City Clerk � �I��I �� I �� I �� __ 1 City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 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)/ 1. Patrick E. Ryan Declarant: 0 Additional names on page 4 of document. Grantee(s): l. City of Bremerton, a Municipal Corporation � Additional names on page 4 of document. �egal Description: A portion of the NW '/< of the SE'/a 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: 322401-4-084-2000 GRINDER PUMP SERVICE AGREEMENT This Agreement is made this �� day of /.1e�.C',2�+�� , 20� between the CITY OF BREMERTON, a municipal corporation ("City") and Patrick E. Ryan ("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 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 subgrade whether such unit is located in a soil, grass, bark or other area upon the Property. If such unit is not accessable 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 � the City with Kitsap County Office of Records and Elections. Page 3 of 6 Grinderpumpagrmnt , �.°"`�� / �� By �- ��-- � Patrick E. Ryan CITY OF BREMERTON By� Its G,�� r� i 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 Patrick E. Ryan, 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. `` ��ttutt�� E ��i ��,�� •�••A , ` ,{ �'': G Dated L��'-� �' �� /' � : Q f p� � � : _�r � = v � ,1ULY 18, 2013 i '�' _ � �,��P tt B 41 � �� ` ;G-�G� � ., y�. •,,,,,,,,,,,,, c, ��.` Notary Public and for the"S�ate of �''�i,��FOF Washington, residing at Bremerton My Appointment Expires: 7/18/2013 1954791_Grinder Pump_Ryan_4199_State_Hwy_3_or_3900_Sam_Christopherson.doc 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 3900 SAM CHRISTOPHERSON 322401-4-084-2000 1954791 AVE W or 4199 STATE HWY 3 LEGAL DESCRIPTION 32241E PARCEL I: (LOT B OF SHORT PLAT NO. 435 RECORDED MARCH 9,1976, UNDER AUDITOR'S FILE NO. 1124990) THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 73.3 FEET EAST AND 20 FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE NORTHERLY, ALONG AN OLD FENCE AND THE EXTENSION THEREOF, TO A ' POINT ON THE NORTH LINE OF SAID SUBDIVISION WHICH IS 83.646 FEET EAST OF THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID SUBDIVISION,112.392 FEET; THENCE SOUTH 647.78 FEET; THENCE WEST 122.6 FEET TO THE POINT OF BEGINNING; EXCEPT THE EAST 60 FEET THEREOF; EXCEPT THAT PORTION LYING SOUTHERLY OF THE NORTHERLY MARGIN OF STATE HIGHWAY RIGHT OF WAY; AND EXCEPT THE SOUTH 250 FEET THEREOF, AS MEASURED ALONG THE WEST LINE; AND EXCEPT THAT PORTION TO KITSAP COUNTY FOR ROAD PER AF#8704220188 » TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS THE WEST 20 FEET OF SAID EXCEPTED 250 FEET. » PARCEL II: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32 TOWNSHIP 24 NORTH RANGE 1 EAST, W.M., IN KITSAP COUNTY WASHINGTON DESCRIBED AS FOLLOWS:» BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 32, THENCE S88*16'46 E ALONG THE EAST-WEST CENTER OF SECTION LINE LO SAID SECTION 32 A DISTANCE OF 2615.75 FEET TO THE CENTER OF SAID SECTION 32 WHICH BEARS N88*16'46 W 2613.91 FEET FROM THE EAST QUARTER CORNER OF SAID SECTION 32; THENCE SO1*48'06 W 666.05 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32; THENCE NO1*48 06 E 20 FEET; THENCE S88*14'20 E PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE Page 5 of 6 Grinderpumpagrmnt SOUTHEAST QUARTER OF SAID SECTION 32 A DISTANCE OF 73.30 FEET; THENCE NO2*43'08 E 646.20 FEET fi0'THE EAST-WEST CENTER OF SECTION LINE OF SAID SECTION 32 AT A POINT WHICH BEARS S88*16'46 E 83.65 FEET FROM THE CENTER OF SAID SECTION 32; THENCE S02*43'08 W 250. 04 FEET TO THE TRUE POINT OF BEGINNING BEING A POINT ON A LINE WHICH IS PARALLEL WITH AND 250 FEET SOUTH OF THE EAST-WEST CENTER OF SECTION LINE OF SAID SECTION 32 AS MEASURED ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32; THENCE N88*16'46 W 62.91 FEET TO THE RIGHT OF WAY MARGIN FOR COUNTY ROAD PROJECT 3502; THENCE S19*29'33 E ALONG SAID MARGIN 105.93 FEET; THENCE S88*16'46 E ALONG SAID MARGIN 22.86 FEET TO THE TRUE POINT OF BEGINNING. » PARCEL III: THE NORTH 250 FEET IN WIDTH OF THE FOLLOWING: T�IAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 20 FEET NORTH OF THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE EAST 73.30 FEET; THENCE NORTHERLY TO THE NORTH LINE OF SUBDIVISION, TO A POINT WHICH IS 83.646 FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE WEST ON THE NORTH LINE TO THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE S1*40'36 W 647.55 FEET, MORE OR LESS, TO POINT OF BEGINNING; EXCEPT STATE HIGHWAY NO 21; AND EXCEPT THAT PORTION TO KITSAP COUNTY FOR ROAD PER AF#8704220188; SUBJECT TO: EASEMENTS, CONDITIONS AND RESERVATIONS OF RECORD. » PARCEL IV: W SFT OF FDP THE E 60FT OF FDP BEG 73.3 FT E& 20FT N OF SW COR OF NWl/4 NWl/4 SE1/4 TH RUN IN A NELY DIR TO N LN OF SD NWl/4 NWl/4 SE1/4 BEING 83.646FT E OF NW COR OF ABV DESC TR TH E ON N LN OF SD NW1/4 NW1/4 SE1/4 112.392FT TH S 647.78 FT TH W 122.6FT TO POB EXC PTN THOF TAKEN BY ST OF WA FOR PUBLIC HWY EXC RDS & EXC TH PTN THOF IF ANY WHIN FDT TH PTN OF FDP LY NLY OF S/HWY NO 21 THE E lAC OF W 4AC OF NWl/4 NWl/4 SE1/4 EXCEPT THAT PORTION TO KITSAP COUNTY FOR ROAD PER AF#8704220188 Page 6 of 6 Grinderpumpagrmnt