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Home My WebLink AboutMATHWIG, ROBERT i Filed for Record at Request of When Recorded Return to City Clerk Ci } �' of Bremerton BREMERTON CITY OF 201109200281 `' Agreement Rec Fee $ 66 00 page 1 of 5 345 S i xth Street, Su ite 600 09/2 0!2011 02 34 PM Walter Washington, Kitsap Co Auditor Bremerton, WA 98337 1111111111111 III 11111111111 IN I IN 11111111111111111 IN IN 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 Robert Mathwig Declarant E Additional names on page 3 of document Grantee(s) 1 City of Bremerton, a Municipal Corporation E Additional names on page 3 of document Legal Description A portion of the NE '/4 of the SE '/4 of Section 32, Township 24N Range 1 E, (abbreviated) Willamette Meridian ❑ Additional legal is on page 5 of document Assessor's Property Tax Parcel /Account Number 322401 -4- 106 -2004, 322401 -4-105 -2005 GRINDER PUMP SERVICE AGREEMENT This Agreement is made this 3 ® r" day of C , 2011 between the CITY OF BREMERTON, a municipal c rporation ( "City ") and Al ( "Owner "). Page I of 5 Grinderpumpagrmnt e V SECTION 1: RECITALS 101 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 102 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 201 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 202 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 204 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, Page 2 of 5 Grmderpumpagrmnt It rocks, ceramics and other materials in the grinder pump unit Misuse shall also include 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 205 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 206 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. 207 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 � -51V /P t By (Owner ") Page 3 of 5 Gnnderpumpagrmnt CITY OF BREMERTON By Its STATE OF WASHINGTON ) COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that E,e7 (Z. M I7 qW1 � is the person k< who appeared before me, and said person (&) acknowledged that N-f-- signed this instrument and acknowledged it to be y,s free and voluntary act for the uses and purposes mentioned in the instrument {NIIItIjI ♦�� T 1 FF �i��i Dated 4cc6 - �o, 02 l i ♦-�P �P EkP�,D J-,''I Z PL)gUC Z Notary Public in and or t e SYa of %`rte Washington, residing at 'Pot do 0 I. OF • ASS V My Appointment Expires io / ��f 11111N�� Page 4 of 5 Gnnderpumpagrmnt EXHIBIT "A" 32241E THAT PORTION OF GOVERNMENT LOT 2, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 2; THENCE S88 *17'22 E ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 2 A DISTANCE OF 435.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE N2 *01'36 E 235.00 FEET; THENCE S88 *17'22 E 283.75 FEET; THENCE N46 *42'38 E 32.53 FEET; THENCE S88 *17'22 E 128.00 FEET; THENCE S1 *56'36 W 258.00 FEET TO THE SOUTH LINE OF SAID GOVERNMENT LOT 2; THENCE N88 *17'22 W 435.00 FEET TO THE TRUE POINT OF BEGINNING. SAID LOT BEING LOT A OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 9304120210. 32241E THAT PORTION OF GOVERNMENT LOT 2, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT S88 *17'22 E 435.01 FEET FROM THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 2; THENCE NO2 *01'36 E 572.61 FEET TO THE CENTERLINE OF STATE HIGHWAY; THENCE ALONG SAID HIGHWAY S83 *40 53.40 FEET; THENCE S75 *09'E 390.80 FEET; THENCE S1 *56'36 W 479.48 FEET TO THE SOUTH LINE OF SAID LOT 2; THENCE ALONG SAID SOUTH LINE, N88 *17 W 435 FEET TO BEGINNING; EXCEPT THAT PORTION FOR STATE HIGHWAY SR 16 ALONG THE NORTHERY LINE OF SAID PREMISES; ALSO EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 2; THENCE S88 *17'22 E ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 2 A DISTANCE OF 435.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE NO2 *01'36 E 235.00 FEET; THENCE S88 *17'22 E 283.75 FEET; THENCE N46 *42 E 32.53 FEET; THENCE S88 *17'22 E 128.00 FEET; THENCE S1 *56'36 W 258.00 FEET TO THE SOUTH LINE OF SAID GOVERNMENT LOT 2; THENCE N88 *17 W 435.00 FEET TO THE TRUE POINT OF BEGINNING. BEING KNOWN AS LOT B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 9304120210. R \Legal\Legal\Contracts\PUBLIC WORKS \Gender Pump Service Agreement doc Page 5 of 5 Grinderpumpagrmnt