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Home My WebLink AboutBALDWIN, MARK Filed for Record at Request of When Recorded Return to City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 13 REMERTON CITY OF 02/28%2014R0 FeePM$ 78 00 2014 02280237 ii % ii�rriiiii�iiii�i�iiiiiiiiii P d 9 e 1 of 5 C Auditor - _ _ -- -- _ IIIIIIIII II� II IIIII IIIIIIIIII I�IIIIII 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 MARK R BALDWfN Declarant K] Additional names on page 4 of document Grantee(s) 1 City of Bremerton, a Municipal Corporation XD Additional names on page 4 of document Legal Description A portion of the NE '/a of the SW '/ in Sec 13, T24N, R 1 E , W M Kitsap County, (abbreviated) Washington K] Additional legal is on page 5 of document Assessor's Property Tax Parcel /Account Number 132401 -2- 044 -2006 GRINDER PUMP SERVICE AGREEMENT r , This Agreement is made this day of Q- , 20 between the CITY OF BREMERTON, a municipal corporation ( "City ") and MARK R BALDWIN ( "Owner") Page 1 of 5 Gnnderpumpagnnnt ti 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 and modifications to the electrical service 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 assessed actual costs to the City to obtain access to the grinder pump unit 202 Owner shall allow the City's contractor to enter the property for construction of the grinder pump system and for modifications to the electrical service The property shall be restored by the contractor and all construction costs shall be borne by the City 203 Owner shall provide and pay the cost of power for the grinder pump unit 2 04 Owner shall pay sewer bills from the City which will include a maintenance charge for the grinder pump unit as established by City ordinance 205 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 Page 2 of 5 Grmderpumpagrmnt 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 misuse of the unit and the cost of repair or replacement associated or relating thereto in its sole judgment and discretion 206 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 207 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 208 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 5 Gnnderpumpagnnnt 1 By (Signature of Owner) AAA/-- � n (Printed Name of Owner) By (Signature of Owner) 0 rk- (Printed Name of Owner) STATE OF TEXAS COUNTY OF 0A On this day, before me, the undersigned, a Notary Public in and for the State of Texas, personally appeared JJAL ,,l& , 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 Dated L( yn CONSLIELO TEJADA ® , Notary Public + STATE OF TEXAS , �a, R' My Comm Exp 06 -27 -16 tart' Public in and fo t State of Texas, residing at My Appointment Expires Page 4 of 5 Gnnderpumpagrmnt • L EXHIBIT "A" A PORTION OF SECTION 13, TOWNSHIP 24 N, RANGE 1 E, WILLAMETTE MERIDIAN TAX ASSESSOR'S ACCOUNT NUMBER RP ID ADDRESS 132401 -2- 044 -2006 1138890 946 WASHINGTON AVE LEGAL DESCRIPTION 13241E THE SOUTH HALF OF THE FOLLOWING DESCRIBED TRACT, TO WIT: BEGINNING AT A POINT ON THE EAST MARGIN OF WASHINGTON AVENUE SIXTY (60) FEET NORTHWESTERLY FROM THE INTERSECTION OF SAID EAST MARGIN OF SAID WASHINGTON AVENUE, IN THE CITY OF BREMERTON, AND THE QUARTER SECTION LINE BETWEEN LOTS 1 AND 2 SECTION 13, TOWNSHIP 24 NORTH, RANGE 1 EAST OF W.M.; THENCE NORTHWESTERLY ALONG SAID EAST MARGIN OF WASHINGTON AVENUE TO A POINT ON SAID EAST MARGIN OF SAID AVENUE 40 FEET SOUTHEASTERLY FROM THE INTERSECTION OF SAID EAST MARGIN OF WASHINGTON AVENUE AND THE SOUTH MARGIN OF ELEVENTH STREET IN SAID CITY; THENCE EASTERLY PARALLEL WITH SAID SOUTH MARGIN OF ELEVENTH STREET TO MEANDER LINE OF DYE'S INLET; THENCE SOUTHEASTERLY ALONG SAID MEANDER LINE TO POINT DUE EAST OF POINT OF BEGINNING; THENCE WESTERLY TO POINT OF BEGINNING. KITSAP COUNTY, WASHINGTON. _ Page 5 of 5 Grnnderpumpagrnnt