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HomeMy WebLinkAboutLONDON, DARRIN t � Filed for Record at Request of When Recorded Return to City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 201207180256 1 BREMERTON CITY OF Agreement Rec Fee $ 67 ©© Page 1 of 6 I © aiter © 03 11 PM - — Walter 012 03gton, Kitsap Co Auditor i�_ It AUDITOR/RECORDER'S INDEXING FORM Document Titles) 1 Grinder Pump Service Agreement Reference Number(s) of Documents assigned or released N/A Grantor(s)I 1 Darrm London Declarant ❑ Additional names on page of document Grantee(s) 1 City of Bremerton, a Municipal Corporation L] Additional names on page of document Legal Description A PORTION OF GOVERNMENT LOT 1, SECTION 32, TOWNSHIP 24 NORTH, (abbreviated) RANGE I EAST, W M, IN KITSAP COUNTY, WASHINGTON ❑ Additional legal is on page 5 -6 of document 322401 -1- 127 -2005 GRINDER PUMP SERVICE AGREEMENT This Agreement is made this day of 75 0 6 , 201/, between the CITY OF BREMERTON, a municipal corporation ( "City ") and Darrm London ( "Owner ") SECTION 1: RECITALS Page 1 of 6 Grmderpumpagrmnt 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 12 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 the City and its employees or authorized agents and representatives 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 with a clearance of 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 assessed 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 Owner shall also pay any assessed costs pursuant to Sections 2 01 and 2 04 which shall be assessed and processed with the sewer bill 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, tenant's or resident'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 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 Page 2 of 6 Grmderpumpagrmnt any charges for Owner's, tenant's or resident's activities and /or 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 cooperation 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 this agreement 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 Krtsap County Office of Records and Elections By A• G Dl2 dy "Owner ") By ( "Owner ") (Notary Acknowledgement on Next Page) STATE OF WASHINGTON ) COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that �„ L-o/k t*-.- is the person s) who appeared before me, and said person (s) acknowledged that � � signed this instrument and acknowledged it to be free and voluntary act for the uses and purposes mentioned in the instrument Page 3 of 6 Grmderpumpagrmnt Dated I A,4 1 2b t ' V =�' A ` �► ; •i : Notary Public in and for the StA of i Washington, residing at /4 PU LI(,�•' My Appointment Expires ACCEPTED THIS day �df��+++ ++ +' , 20 lo? CITY OF BREMERTON By L Its / Users/ NavyCityMetals /Downloads/Navy_City_Metals doc Page 4 of 6 Gnnderpumpagrmnt EXHIBIT "A" DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST BOUNDARY OF BOND PROJECT NO.8 WHICH POINT IS 100 FEET SOUTHWESTERLY FROM THE INTERSECTION OF THE SOUTH MARGIN OF NAVY YARD HIGHWAY AND THE WEST MARGIN OF BOND PROJECT NO. 8; THENCE SOUTHWESTERLY ALONG THE WEST MARGIN OF BOND PROJECT NO. 8,154 FEET, MORE OR LESS, TO THE NORTH MARGIN OF NEW STATE HIGHWAY NO. 14; THENCE SOUTHWESTERLY ALONG THE NORTH MARGIN OF STATE HIGHWAY NO. 14, 169 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED TO JULIUS BLATTE BY DEED RECORDED UNDER AUDITOR'S FILE NO. 896572; THENCE N1 *08'E ALONG THE WEST LINE OF SAID TRACT, 300 FEET, MORE OR LESS, TO THE SOUTH MARGIN OF NAVY YARD HIGHWAY, THENCE NORTHEASTERLY ALONG THE SOUTH MARGIN OF SAID HIGHWAY 131.95 FEET; THENCE S41 * 19'E 100.9 FEET TO THE POINT OF BEGINNING.» »PARCEL 2: THAT PORTION OF GOVERNMENT LOT 1 AND THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS NORTH 80.51 FEET AND EAST 1182.17 FEET FROM THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION, SAID POINT BEING ON THE NORTHERLY MARGIN OUTATE ROAD NO. 14; THENCE RUNNING ALONG SAID MARGIN OF ROAD N51 *41 00 E 254.29 FEET TO THE SOUTHEAST CORNER OF TRACT OF LAND CONVEYE TO F.W. STEINHART BY DEED RECORDED UNDER AUDITOR'S FILE NO. 279453, RECORDS OF SAID COUNTY, FOR THE TRUE POINT OF BEGINNING; THENCE N1 *40'36 E ALONG THE EAST LINE OF SAID STEINHART TRACT, 30.05 FEET TO THE NORTHEAST CORNER THEREOF; THENCE N78 *14'52 W ALONG THE NORTH LINE OF SAID TRACT 116.85 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE N1 *40'36 E 27.22 FEET TO A POINT 320 FEET S1 *40'36 W OF THE SOUTH LINE OF STATE ROAD NO. 21, NOW KNOWN AS NAVY YARD HIGHWAY, THENCE NORTHEASTERLY 288.76 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF TRACT SOLD ON CONTRACT TO JACK J. HARRIS BY CONTRACT RECORDED UNDER AUDITOR'S FILE NO. 288344, RECORDS OF SAID COUNTY, WHICH POINT IS 196 FEET S1 *08'00 W ALONG SAID EAST LINE FROM THE SOUTH LINE OF NAVY YARD HIGHWAY, THENCE S1 *08'00 W TO THE NORTH LINE OF STATE ROAD NO. 14; THENCE S51 *41'00 W ALONG THE NORTH LINE OF SAID ROAD 100.03 FEET TO THE POINT OF BEGINNING.» »PARCEL 3: THE WEST 50 FEET OF THE EAST 150 FEET OF THE FOLLOWING: THAT PORTION OF GOVERNMENT LOT 1, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF J.J. HARRIS TRACT, RECORDED UNDER AUDITOR'S FILE NO. 279226 AND RECORDED IN VOLUME 232 OF DEEDS, PAGE 358, SAID POINT BEING ON THE SOUTH MARGIN OF HIGHWAY 21; THENCE N83 *46'E 242 FEET, MORE OR LESS, TO THE WEST LINE OF VAN HEE TRACT, THENCE Sl *08'W ALONG THE WEST LINE OF VAN HEE TRACT 196 Page 5 of 6 Grmderpumpagrmnt FEET; THENCE S56 *17'53 W 288.76 FEET TO THE EAST LINE OF J.J. HARRIS TRACT; THENCE N1 *40'36 E 320 FEET TO THE POINT OF BEGINNING; EXCEPT ANY PORTION THEREOF LYING IN THE RIGHT OF WAY OF COUNTY ROAD ON THE NORTH.» »PARCEL 4: THAT PORTION OF GOVERNMENT LOT 1, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE J.J. HARRIS TRACT, AS DESCRIBED IN DEED RECORDED UNDER AUDITOR'S FILE NO. 279226, IN VOLUME 232 OF DEEDS, PAGE 358, RECORDS OF KITSAP COUNTY, WASHINGTON; THENCE N83 *46'E 242.00 FEET, MORE OR LESS, TO THE WEST LINE OF VAN HEE TRACT, THE TRUE POINT OF BEGINNING; THENCE S1 *08 W 196.00 FEET; THENCE S56 *17'53 W 118.64 FEET; THENCE N1 *08 E 246.47 FEET; THENCE N83 *46'E 100.83 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION OF THE ABOVE DESCRIBED TRACT LYING WITHIN THE RIGHT- OF-WAY OF THE COUNTY ROAD ON THE NORTH. >>> TOGETHER WITH THAT PORTION OF VACATED COUNTY ROAD NO. 154, AS DESCRIBED MORE FULLY UNDER AUDITOR'S FILE NO. 201004130220, AS ATTACHES PER OPERATION OF LAW. 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