HomeMy WebLinkAboutBRIGGS AND ACOSTA A �
Filed for Record at Request of
When Recorded Return to
City Clerk
City of Bremerton
345 Sixth Street Suite 600 J 20120126013
Bremerton, WA 98337 BREMERTON CITY 06 00 Page , of e
s agreement Rec Fee $
o112612W 2 02 28 PM
Walter Washington, Kltsap Co Auditor
111111 III IIII 1111111 111111 IIII IIII VIII VIII 1111111 III VIII VIII VIII
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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 Briggs and Acosta
Declarant
Additional names on page 3 of document
Grantee(s) 1 City of Bremerton, a Mumcipal Corporation
Additional names on page 4 of document
Legal Description A Portion of the SE' /4 of the SW '/4 of Section 28, Township 24N, Range IE, W M
(abbreviated) Kitsap County, Washington
Additional legal is on page 5 of document
Assessor's Property Tax Parcel /Account Number 4640 - 004 - 017 -0308
GRINDER PUMP SERVICE AGREEMENT
This Agreement is made this J day of December, 2011 between the CITY OF
BREMERTON, a municipal corporation ( "City ") and David Briggs and Jeimy Acosta
( "Owners ")
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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 grmder
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
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 gnnder 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,
rocks, ceramics and other materials in the grinder pump unit Misuse shall also include
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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
B 1 G
( "Owner")
By I -vf &MT.4 gy __I?K,,y6 I_
He,C i47T6eNrY - / N- M,(Owner ")
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4640 - 004 - 017 -0308
STATE OF Washington }
COUNTY OF Kitsap } SS:
On this 14` day of December, 2011 before me personally appeared
David C. Briggs , to me known to be the individual described in and
who executed the foregoing instrument for him self and as Attorney in Fact for Jeimy Acosta
and acknowledged that he signed and
sealed the same as his free and voluntary act and deed for him self and also as his
free and voluntary act and deed as Attorney in Fact for said principal for the uses and purposes therein mentioned,
and on oath stated that the Power of Attorney authorizing the execution of this instrument has not been revoked and
that the said principal is now living, and is not incompetent
Given under my hand and official s,�At „y and year la above tten
(Seal) .` ' a ��9
1tity "Ni- an
d L. Rose
o �
Vtary Public in nd for the State of Washington
Rtsidmg at Seabeck
appointment expires 2/2/2012
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CITY OF BREMERTON
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Its
STATE OF WASHINGTON )
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that AATI kr
is the person (s) who appeared before me, and said person (s) acknowledged that
A Lew(- signed this instrument and acknowledged it to be her
free and voluntary act for the uses and purposes mentioned in the instrument
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qy �
tary Public in and for the State of
e Washington, residing at 1� ��
qo,� My Appointment Expires `1 . 17. 1 '5
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EXHIBIT "A"
RESULTANT PARCEL 17 OF BOUNDARY LINE ADJUSTMENT RECORDED
UNDER AUDITOR'S FILE NO. 200912240019, RECORDS OF KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK 4, PLAT
OF SHERMAN HEIGHTS, AS RECORDED IN VOLUME 6 OF PLATS, PAGE 36,
RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF
GOVERNMENT LOT 5, SECTION 28, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.,
IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT
THE SOUTHWEST CORNER OF SAID SECTION 28; THENCE SOUTH 89 *13'24"
EAST ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 28 A DISTANCE OF 1323.09 FEET TO THE SOUTHWEST CORNER OF
SAID GOVERNMENT LOT 5, AS SHOWN ON SUBDIVISION OF SAID SUBDIVISION
OF SAID SECTION 28 BY KITSAP COUNTY DEPARTMENT OF PUBLIC WORKS,
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DATED AUGUST 1,1994; THENCE NORTH 0 *29'45" EAST ALONG THE WEST LINE
THEREOF A DISTANCE OF 1319.16 FEET TO THE NORTHWEST CORNER OF
SAID GOVERNMENT LOT 5; THENCE SOUTH 89 *00 EAST ALONG THE
NORTH LINE THEREOF A DISTANCE OF 1308.30 FEET TO THE NORTHEAST
CORNER OF SAID GOVERNMENT LOT 5; THENCE SOUTH 0 *53'58" WEST
ALONG THE EAST LINE THEREOF A DISTANCE OF 503.64 FEET TO THE NORTH
LINE OF LOT 36, BLOCK 4 OF SAID PLAT; THENCE SOUTH 69 *01'28" WEST
415.66 FEET TO THE NORTHEASTERLY CORNER OF LOT 30, BLOCK 4 OF SAID
PLAT; THENCE SOUTH 74 *16'28" WEST 350.00 FEET TO THE NORTHEASTERLY
CORNER OF LOT 25, BLOCK 4 OF SAID PLAT; THENCE SOUTH 71 *15 WEST
ALONG THE NORTH LINE OF LOTS 23,24 AND 25, BLOCK 4 OF SAID PLAT A
DISTANCE OF 169.88 FEET; THENCE NORTH 16 *43'32" WEST 23.01 FEET;
THENCE SOUTH 71 *15'38" WEST 110.12 FEET; THENCE SOUTH 16 *43 EAST
23.02 FEET TO THE NORTHEAST CORNER OF LOT 21, BLOCK 4 OF SAID PLAT
BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 71 *15'38" WEST 55.62
FEET TO THE NORTHWEST CORNER OF SAID LOT 21; THENCE NORTH
16 *43'32" WEST 106.42 FEET TO THE SOUTHERLY RIGHT -OF -WAY MARGIN OF
SHERMAN BOULEVARD BEING A POINT ON A CURVE, CONCAVE TO THE
NORTHWEST, HAVING A RADIUS OF 301.67 FEET FROM WHICH THE RADIUS
POINT OF SAID CURVE BEARS NORTH 38 *11'56" WEST; THENCE
NORTHEASTERLY (COUNTERCLOCKWISE) ALONG SAID RIGHT -OF -WAY
MARGIN AND ALONG SAID CURVE AN ARC DISTANCE OF 18.63 FEET
THROUGH A CENTRAL ANGLE OF 3 *32'16" TO THE BEGINNING OF A REVERSE
CURVE TO THE RIGHT HAVING A RADIUS OF 370.85 FEET; THENCE ALONG
SAID RIGHT -OF -WAY MARGIN AND ALONG SAID CURVE AN ARC DISTANCE OF
41.46 FEET THROUGH A CENTRAL ANGLE OF 6 *24'20 "; THENCE SOUTH
16 *43'32" EAST 127.21 FEET TO THE TRUE POINT OF BEGINNING.
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