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Home My WebLink AboutCOYLE, ROGER c • Filed for Record at Request of When Recorded Return to City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 BREMERTON CITY OF 201305290303 05/29/2013 11 43 AM 36 00 III Walter Washtn IIIIIIIIIIIIII IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Pa9e ' of 5 IIIIIIIIIIII 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 Roger Coyle Declarant ❑ Additional names on page of document Grantee(s) 1 City of Bremerton, a Municipal Corporation ❑ Additional names on page of document Legal Description THAT PORTION OF LOTS 10, 11 AND 12, MCTEIGH'S GARDEN TRACTS, (abbreviated) ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 44A, RECORDS OF KITSAP COUNTY, WASHINGTON a Additional legal is on page 5 of document i I Assessor's Property Tax Parcel /Account Number 949 - 000 - 010 -0600 l I I I Page 1 of 5 Grinderpumpagrmnt I I 1, GRINDER PUMP SERVICE AGREEMENT This Agreement is made thi day of , 20 \-,� between the CITY OF BREMERTON, a municipal corporation ( "City ") and R GER COYLE ( "Owner "). 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 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 Page 2 of 5 Gnnderpumpagrmnt i i I i 4 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 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 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 B ( "Owner ") BY ("Owner ") (Notary Acknowledgement on Next Page) Page 3 of 5 Grmderpumpagrmnt i I I STATE OF WASHINGTON ) COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the erson (s) who appeared before me, and said person acknowled a that ��0.� signed this instrument and acknowledged it to be free and voluntary act for the uses and purposes mentioned in the instrument Dated �w NN M O V i ,R�'�aION(er� •• J•4 Y o t blic in and fo a Sta a of PU130 ; N • j o h • Washington, residing at 9 •• ` �R 5 • • My Appointment Expires ACCEPTED THIS , day of 20 CITY OF BREMERTON BY g� Its O R \Legal\Legal \Contracts\PUBLIC WORKS \Grinder Pump Service Agreement 15-14-09 doc I I i I i 1 Page 4 of 5 i 1 Grmderpumpagrmnt EXHIBIT "A" MCTEIGH'S GARDEN TRACTS THAT PORTION OF LOTS 10,11 AND 12, MCTEIGH'S GARDEN TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 44A, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE NORTHEASTERLY HALF OF THE FOLLOWING DESCRIBED TRACT: BEGINNING AT A POINT SOUTH 16.14 FEET AND EAST 931.03 FEET FROM THE NORTHWEST CORNER OF SAID TRACT 10; THENCE SOUTH 39 *46'46" WEST 282.86 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE NORTH 39 *46'46" EAST TO THE SOUTHWESTERLY CORNER OF THE TRACT OF LAND CONVEYED TO AXEL W. JACOBSEN BY DEED RECORDED UNDER AUDITOR'S FILE NO. 216381; THENCE SOUTH 60 *38' EAST ALONG THE SOUTHERLY BOUNDARY OF SAID AXEL W. JACOBSEN TRACT, 210 FEET, MORE OR LESS, TO THE GOVERNMENT MEANDER LINE; THENCE SOUTHWESTERLY ALONG SAID MEANDER LINE TO THE NORTHEASTERLY CORNER OF THE TRACT OF LAND CONVEYED TO O.B. JACOBSEN BY DEED RECORDED UNDER AUDITORLS FILE NO. 243425; THENCE NORTH 57 *50' WEST ALONG THE NORTHERLY BOUNDARY OF SAID O.B. JACOBSEN TRACT 253.69 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; TOGETHER WITH TIDELANDS AS CONVEYED BY THE STATE OF WASHINGTON, SITUATE IN FRONT OF, ADJACENT TO AND ABUTTING THEREON; EXCEPT THAT PORTION, IF ANY LYING SOUTH OF A LINE DESCRIBED UNDER BOUNDARY LINE AGREEMENT RECORDED UNDER AUDITORLS FILE NO. 200411180027 AND DEPICTED ON SURVEY RECORDED IN VOLUME 62 OF SURVEYS, PAGE 135, UNDER AUDITOR'S FILE NO. 200411180026; SITUATE IN THE CITY OF BREMERTON, COUNTY OF KITSAP, STATE OF WASHINGTON. Page 5 of 5 Grmderpumpagrmnt