HomeMy WebLinkAbout4967
ORDINANCE NO. -4- q 07
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, approving and authorizing termination of
the Development Agreement between Northwest Corporate
Campus and the City of Bremerton.
WHEREAS, the legislature of the state of Washington enacted RCW 36.70B.170
through 36.70B.210 (the "Development Agreement Statute), which authorizes a local
government to enter into a development agreement with the owner of real property regarding the
development of such property and establishing certain development rights; and
WHEREAS, The City Council adopted provisions in its development regulations,
Bremerton Municipal Code (BMC) Section 21.02.900, which allow for a Development
Agreement consistent with state law; and
WHEREAS, During 1999, Northwest Corporate Campus (NWCC) owned certain
real property consisting of approximately 188 acres located in the City Urban Growth Area, as
diagramed in Exhibit A (Conceptual Site Plan) and more particularly described in Exhibit B
(Legal Description) of the Development Agreement; and
WHEREAS, NWCC intended to develop an Industrial Park and planned to
provide a range of employment opportunities and the infrastructure systems to support them; and
WHEREAS, NWCC filed with the City of Bremerton, a proposed Development
Agreement; and
WHEREAS, the City of Bremerton Planning Commission conducted a public
meeting on November 16, 1999, and recommended to the City Council approval of the
Agreement containing those terms as modified by the Commission; and
WHEREAS, the Bremerton City Council, after a duly noticed public hearing on
December 29, 1999, made appropriate findings and adopted Ordinance No. 4693 approving the
Development Agreement, which was recorded on November 28, 2000 under Kitsap County
Auditor's File No. 200011280204; and
WHEREAS, no development has occurred on the site following execution and
recording of the Development Agreement; and
1
NWCC Development Agreement
Termination
WHEREAS, the City adopted a new Comprehensive Plan for the City on or about
December 1, 2004; and
WHEREAS, the City adopted a new Zoning Code on or about November 30,
2005 which zones the property R-1 0; and
WHEREAS, on or about October 10,2005, L160-1 Kitsap, LLC acquired most of
the property subject to the Development Agreement and is thereby successor in interest to said
property. The property acquired by L160-1 Kitsap, LLC is legally described in Exhibit A
attached hereto and incorporated herein by this reference; and
WHEREAS, L160-1 Kitsap, LLC desires to develop the property with residential
units consistent with the new zoning; and
WHEREAS, L160-1 Kitsap, LLC's anticipated development of the property is
inconsistent with the Development Agreement and therefore L160-1 Kitsap, LLC has requested
that the Development Agreement be terminated; and
WHEREAS, pursuant to the terms of the Development Agreement, any major
modification of the terms of the Agreement must be processed in the manner in which the
Agreement was processed and approved; and
WHEREAS, the City held a public hearing on this ordinance terminating the
Development Agreement; and
WHEREAS, the City Council finds that termination of the Development
Agreement would be consistent with and further the City's land use goals and policies for
development of the area; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council approves and authorizes the termination of the
Development Agreement between Northwest Corporate Campus, LLC and the City of
Bremerton, which was recorded under Kitsap County Auditor's File No. 200011280204 on
November 28, 2000.
SECTION 2. The Mayor is hereby authorized to execute and record any and all
documents necessary to terminate the Development Agreement.
SECTION 3. Severa b ilitv. If anyone or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
2
NWCC Development Agreement
Termination
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 4. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the ~ J
day of qp-u~.I ,2006
~~'~
CECIL McCONNELL, Council President
Approved this 7~)1J day of q~ ;.1)
e::;006
CARY BOZEMAN, Mayor
ATTEST:
APPROVED AS TO FORM:
~~,c~~meY
PA
PUBLISHED the 1./.:.t;A) day of
EFFECTIVE the ~ day of
ORDINANCE NO. 49t, 7
~
,2006
,2006
R:\LEGAL\Ordinances\Community Development\NWCC Development Agreement termination.doc
3
NWCC Development Agreement
Termination
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03/14/2005 13:32 4255095883
BARCLAVSNORTH
PAGE 39/40
April 4, 2000
, ,File #2652210
,.;
NORTHWEST CORPORATE CAMPUS
COMMER~rROPERTY
LEGAL D:ESClUPTJON
A PARCEL ,OF ~ L YlNO IN nm ~oRTHWEST QUARTER. OF SECTION. 4J
TOWNSHIP 23 NORm, RANGE 1 EAST.. AND THE SOVTHWEST' QUARTER. OF
SECTION 33, TOWNSHIP 2-1 NORm R.Al'IGE 1 EAST, wn.LAME'IJ'E MERIDJA:N, CITY,
OF.BREMERTON, KlTSAP COUNTY. WASHINGTON, PESClUBED AS FOLLOWS:
COMMENCING AT THE NOR"ffi'WEST ,CORNER OF SAID SECTION 4; 'rimNCE.SOUTH ..
021143'16".'''WEST, AL'ONG THE WEST LINE 1HE'REOP A DISTANCE OF 2760.06 FEET .,
.. '
TO 11m sOU'11JWEST CORNER. OF TIm NORTIfWEST QUARTER OF SAID SECTION 4;
. THENCE. SOUTH 88C49"32" EAST ALONG niB SO\TIH LINE OF SAID NORTHWEST .",',
QUARTER A DISTAl'tCE OF 746.00 FEET; THENCE NORm 231140~09" EAST. 130.04- . ,
P$rr; !fH:ENCE NO~TH 061140"28" EAST 204.96 ~i THENCE NORm' 53019-28" BAST . '
350.00- FEET; TIIENCE'NORTIi 33,01.0'28" EAST 404.00 FEET; nmNCB NOR.TH lS~40'28"
EAST 533.00 FEET; THENCE NORm 31oSS'28!' EAST 375.06 FEET.; 'IHENCE NORm' ..
38010'28" EAsT 4'16.00 FEET; 1HENGE NORTH '07,0] 0'28" EAST 199.99 ~ THENCE "
NOR'IH 89004'20" WEST. 170.00 FEET;. THENCE NORTH 05019'32." WEST 23S:00 FEET; ,
THENCE N(j:Rm'28C1S5~28" EAST 275.00 FEET; TI!ENCE NORm 20"'2S'is" BAST 231.00 : :
FEET; nreNCE NORnI 1 P'.2S'28" EAST, 136.00 FEET; TIIENCE NORm :z.so~'S4" WEsT .
92.53 FEET; THENCE NORTH 230.26'29" EAST 1256.74 FEET; iHENCE 'NORTfl8809S'S4'" .'.
WEST 971.43 FEETi TIIENCE SOUTH OlCl39~50" WEST 1599.27 FEET TO 'IlmNORm
LrnE OF SAID NORTHWEST QUARTE:R OF SECTION 4;, TIlENCE.:'NORUi 871156'29~
WEST ALONG S'AlD NORTH LINE A DISTANCE OF. 1309.46 FEET TO THE 'POINT OF
BEGINNING. . '" .' '
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EXHIBIT A
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I IIIIWlII 11111 III 11I1 1111111I11 f~r~ ~~;4
tlORTHl.lEST CORP CfIt1PUS RGt1T $&4. as Ki ~,5ap COl. \.JA ,
03/14/2006 TUE 13: 35 [TX/RX NO 8970] f4J 039
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03/14/2005 13:32
4255095883
BARCLAVSNORTH
PAGE 40/40
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. ; DESCRIPTION FOR ~E AREA KNoWN AS LUNDESC2 NEAR ANDERSON CREEK.
10/4/94 G~~ THORNBURGH
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The north 1/2 of the SElj4 of the NE1/4 of the NE~/4 of section S,
T2JN/ ~E, WM in ~itsap County Washinqton.
ALSO
The N~1/4 at the NE1/4 of the NE1/4
Kitsap County'Washington.
of Section'S, T2JN, R1E, WM in
A. F_ :ft:. 9501030128
f?F'F=l 0843' F.R 240.4-
Section 32, T24N, ~~,'WM in
ALSO ,
The ~1/2.of the SE~/4 of the SE1/4 of
. Kitsap .COunty Washington.
--"
,ALSO '0' . . . '
The SW1/4 of:. the SW1/4 .of ~ec1:.ion 3~, T24N, 'RlE, m! in' Xitsap
County Wash;lng1:on, EXCEPT a. Tract. in the NW described e.s follO~s:
Beqinni.nq e.t +-he NW COl::'1ler of said SW1/4 of the SWl/4: thence east'
along' 'the north line of said. .SW1/4 of. the SW1/4', a d1sta:nce ~f'131.
feet., more or ~ess, to the centerline of a creek and the true poin~
of beqinninq: thence continue'east' 400 feet; thenoe south para11el
with the wa~t line of s~id 'SW1/4 of the SW1/4, a distanoe of S44.S
feet: thence west paralleJ: with,the north line of said SW:L'/4 of, t;he
5W1/4. a distane~ of 400 feetr ~ore or less, to the,centerline of
the creek: thence northerly along. the centerline of said e~eek to
the ti-ue point of beginhihq. . . o'
hLSO
'l'hat pOrtion of Section 32, T24Nr R1.E, W.H. described as follows.:
Beginning- ~t: the SE: corner of. Govt. .:Lot 2 at' said Section J 2 ::
thence NaS 17'22"W J~O.Ol ft: thanca Nl"S6'36"E 401.06 fe more or
less 'to, the sou,therly nsrgin of state Highv.ay, thence easterly
along s81d southerly,~argin to its intersection with the e~st line
of s~1d Govt. Lot ~."said point pearing Nl-SO'16"E. ,of 'the..poin'!: of
beg!nning; thence S1 SO'~6ftW along said east line of GoVt. Lot 2 to
the point of beginntng~' . '
. ,.
EXHIBIT A
\ \1!lmw\\~~\\I\\\\ 11\llm~I\\ ~J ll)\ !f;~ ~:l; .
03/1412008 TUE 13:35 [TX/RX NO 8970] Ial040
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AFFIDAVIT OF PUBLICA nON
Account # 42742 / Ad # 1796
ST ATE OF WASHINGTON
COUNTY OF KITSAP
I, Sarah Weller, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court
of the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually as
a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County,
Washington and is now and during all of said time, was.printed in an office maintained in the aforesaid
place of publication of said newspaper; that the following is a true text of a legal advertisement as it was
published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit:
April 11,2006, and that such newspaper was regularly distributed to its subscribers during all of $20.44,
which amount has not been paid in full.
~ We~~
-"
(Signature of Principal Clerk)
Sub,nib,d and 'wnrn 'n bern," me <hi, day of AP'i112.
" ~ ~
Notary Public in and for the State of Washington, Kitsap County.
(~~
IN THE SUPERIOR COURT OF WASHINGTON FOR KITSAP COUNTY IN PROBATE
ORDINANCE NO. 4967
AN ORDINANCE of the City Council of the City of Bremerton, Washington, approving and authorizing
termination of the Development Agreement between Northwest Corporate Campus and the City of
Bremerton.
PASSED by the City Council the 5th day of April, 2006.
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, W A 98337.
April 11, 2006.....AD #1760
Return Address:
City Attorney's Office
City of Bremerton
345 6th Street, Suite 600
Bremerton, W A 98337
II 11111 III II 111111 11111 III 111111
BREMERTON CITY OF . TRGMl $37: 88_
200605230269
Page: 1 of 6
85/23/2886 12:84P
Kitsap COI WR
AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Agreement Terminating Development Agreement B
Reference Number(s) of Documents assigned or released: 200011280204 UJ ~
h d::
Z (!)
Grantor(s): 1. Ll60-1 Kitsap, LLC r
2.
D Additional names on page of document. i
Grantee(s): 1. City of Bremerton )
;j"
D Additional names on page of document.
Legal Description: A portion of Sections 32 & 33 T24N RIE, W.M. and portions of Sections 4 & 5, T23N RIE,
(abbreviated) W.M., City of Bremerton, Kitsap County, Washington
~ Additional legal is on page Exhibit A of document.
Assessor's Property Tax Parcel! Account Number: 042301-2-001-2009, 322401-4-016-2003, 322401-4-017-
2002,322401-4-018-2001, 052301-1-004-2007, 052301-1-023-2004, 052301-1-024-2003, 052301-1-025-
2002,052301-1-026-2001, 322401-4-026-2001, 332401-3-013-2007
AGREEMENT TERMINATING
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BREMERTON AND
NORTHWEST CORPORATE CAMPUS, LLC
WHEREAS, the City and Northwest Corporate Campus, LLC entered into a Development
Agreement, concerning the property legally described on Exhibit A, attached hereto and incorporated
herein (the "Subject Property"), which was recorded under Kitsap County Auditor's File No.
200011280204 on November28, 2000 (the "Development Agreement"); and
WHEREAS, no development has occurred on the Subject Property; and
Page 1 of 4
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WHEREAS, on or about October 10, 2005, Ll60-1 Kitsap, LLC acquired the Subject
Property subject to the Develop~ent Agreement; and
WHEREAS, L160-1 Kitsap, LLC desires to develop the Subject Property with residential
units that are consistent with current zoning; and
WHEREAS, following a public hearing, the BremertonCity Council, in Ordinance No. 4967,
approved termination of the Development Agreement;
NOW, THEREFORE, the City and L160-1 Kitsap, LLC, as successor in interest to
Northwest Corporate Campus, LLC hereby agree as follows:
1. The Development Agreement between the City of Bremerton and Northwest
Corporate Campus, LLC recorded under Kitsap County Auditor's No. 200011280204 on November
28, 2000 is hereby terminated and of no further force or effect. .
2. The parties hereby waive and release all obligations and duties arising under the
Development Agreement.
3. This Agreement (and any attached Exhibits) contains the entire agreement and
understanding of the parties with respect to the entire subject matter hereof, and there are no
representations, inducements, promises or agreements, oral or otherwise, not embodied herein.
Any and all prior discussions, negotiations, commitments and understandings relating thereto are
merged herein. There are no conditions precedent to the effectiveness ofthis Agreement other
than as stated herein, and there are no related collateral agreements existing between the parties
that are not referenced herein.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written
below.
L160-1 KIT SAP, LLC
BY~
Its: Authorized Agent
Date: 4/21/2006
1111111111111111 111111
BREMERTON CITY OF
TAGMT $37 . 88
200605230269
P <ige : 2 of 6
85/23/2886 12:84P
Kits<ip Co, WA
Page 2 of 4
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )
On this day, before me appeared Tony R. Kastens, Authorized Agent ofL160-l Kitsap, LLC,
a Washington limited liability company that executed the foregoing instrument, and acknowledged
the said instrument to be the free and voluntary act and deed of said limited liability company, for the
uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute the
said instrument on behalf of said limited liability company.
GIVEN under my hand and official seal this l J fo~ day of ----..8.p r \ ,
,2006.
AMANDA H. MINER
STATE OF WASHINGTON
NOTARY -*- PUBLIC
My Commission Expires 12.27.2009
~ ~ ak!-/.Cfn vrL.-1
Notary Public in and for the State of
Washington, residing atSh 0 y~ I i n ~.
My appointment expires: 11..11..1/2.oa=t
,
11111111111111111111111111 :;~~;:g~T~~:g
BREMER TON CITY OF TAGMT $3?~~ Kitsap COI WA
Page 3 of 4
CITY OF B~
~EMAN' Mayor
~
~-- 7-&>b
Date
STATEOFWASHINGTON )
) ss.
COUNTY OF KITSAP )
On this day, before me appeared Cary Bozeman, Mayor of the City of Bremerton, the
municipal corporation that executed the foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes
therein mentioned, and on oath stated that he was authorized to execute the said instrument on behalf
of said municipal corporation.
daYOf~, 2006.
JJ,.1hlJ IL~
Notary Public in and for the State oL
Washington, residing at&eMe, _ W A
My appointment expires: ~~-~l-b"l
APPROVED AS TO FORM
R:\Legal\Legal\Files\Current Active Files\Northwest Corporate Campus\Terrnination Agreement.doc
" IIllIllllllllllI 11\ 111\ "H;j~~2;:~~::~p9
BREMERTON CITY OF _ TAGMT $37. aa Kl tsap Co, WA _ .'
Page 4 of 4
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April 4, 2000
, ,File #2652210
NORTHWEST CORPORATE cAMPus
CO~CIALPROPERTY
LEGAL D:ESCRIPTJON
A PARCEL .oF ~ L YlNG _ IN TIm ~OR'ffiWEST QUARTER. 9F SECTION. 4,
TOWNSHIP 23 NORm, RANGE 1 EAST,' ~ THE S01JTHWESl' QUARTER OF
SECTION 33t TOWNSHIP 24 NORm, RANGE 1 EAST, WILLAMB.J .l:c 'M:E.RlDJ.A:N, CITY,
OF.BREMERTON) KlTSAP COUNTY, W ASHINGrON, PESCRIBED AS }':'OLLOWS:
COMMENCING AT TIm NOR1H'WEST .CORNER OF SAID SE~TiON 4; TImNCB.SOrnH...
02"'43'16",''WEST, AL'ONG THE WEST LINE TIm'RBOF A DISl'ANCEpF 2760.06 fEET "
TO 1HE SOtmJWEST CORNER. OF nmNOR~ QUARTER OF S'AID SEcnON:1;'" ~
. THENCE,SOum 88049"32" EAST ALONG THE SOvrn LlNB OF SAm NORTli'WBST 0:' 'or
QUARTER A DISTAl'fCE OF 746.~ FEET; THENCE NORm 2)040f{)9"' EAST. 130.04- . '. in
FJ:Jrr; THENCE Non.rn 06040'2,8" EAST 204.96 FEET; THENCE NORT:.q' 53C110'2Stt EAST ....
~50.00-_ FEET; TIIENCE'NORTH 3301.0'~8" EAST 404.00 FEET; 1fmNCB 'NOATH lSP40~8"' .0- '
EAST 533.00 FEET; THENCE NORm 31oS5'28~ EAST 375.00 FEET.; 'llIENCE NORm . ~ . -
38010'28" EAsT 4'16.00 FEET; nmNGE NORTH'O~O]O'2~" EAST 1995t!?FE"ET; ~CE '0 ./# ~
NORTE 89004'20" WEST. 110.00 FEET;.THE:NCE NORTH OSC19'32" Vlr3S'r 235;00 FEET; '\..I
THENCE N6:R1lJ:28b5S~28" EAS:T 275.00 FEET; TIlENCE NORm 20-2.'5~i8~ EAST 231.00 : .-
FEET; TIffiNCENORTI-lllQ.25'28" EAST. 136.00 FEET; TIIENCE NORTl12S004'S4" WEsT-.
.92...53 J~E"r;T.HENCE NORTH 23".26'29~' E.J.~T 1256.74 }. .t:J:;.!; THENCIl i~OR.T~J 88~p~"S4"', .'.
WEST 971.43 FEET; nrENCB 50mB 01 039'50" ' WEST 1599.27 FEE;.i;: TO'l'HE'NOaTIl
LrnE OF SAID NORTHWEST QUARTER. OF SECTION 4;. TIlENCE.':NOR1H 87a56~9'! .
WEST ALONG .S'AID NORTH UNE A DISTANCE OF. 1309.46 FEET TO ,THE 'POINT OF
BEGJ:NNING. . ., '
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EXHIBIT A
LEGIBILITY FtUOITORIS NOTE .'
UNSAT/SFACT~:?~~D~~~~~~ g~PY/NG
INSTRUMENT WHEN RECEIVED. THIS
/11.1111111111 III 1I1I III 11111 1111 I 1111 ~~;;:~~7'~~:9
BREMER TON CITY OF TAGMT. $3?SS Kitsap Co, WA
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. ; DESCRIP~ION FOR ~E ~ KNoWN ~ LUNDESC2 NEAR ANDERSPN CnEEk.
10/4/94 G~~ THORNBURGH
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The north 1/:2 of the SElj4 of the NE1/4 of the NE~/4 of Section s,
T23N/ R1~, WM in ~itsap coun~y Washington.
ALSO
The N1!:1./4 of' the NE1/4 of the NE1/4 of~ sec:.t1.on' 5~, _ T~3N, iU.E, WM in
Kitsap County 'Washington.
ALSO ..... -____ _.__.___.___.__._-----'--_____ _________.....-..__..._-...........~_"___
The 1::1/2.of the SE~/4 of, the SEl./4 of Section 32, T24N I lU~,' WM in.
. Ki ts.a.p .County Washington.
ALSO ..
'The SWi/4 o~' i:.heSW1./4 'of ~'eC'tion 3~ r T:2.41t I riE, W!! in' l{it.sap
County Wasbil1g1:.on, EXCEPT a. 'l';t:act in the NW descr.ibed &.S follows:
Beginning at the NW COx::t1er of said SWl/4 of the S'WJ./4; 1:..hehca ~as'l:'
along 'the north line of said ,SW1/4 of' the SWl.f4', a disttt:nee ~f'131.
feet, 'lnO%:'e or J.ess I to the cen:terline of a cr.'eel( and the true pC)in~
of beginning: thence continue east. 400 feet; thence south ~ara11el
with the west line of s~id SW1/4 of the SW1/4, a distanoe of 544.S
feet: thence \lest parallel: vith. the north line of said SWl:"j-4 of, t;he
SW1/4. a distanc~ of 400 fee~r ~ore or less, to the. centerline o~
the creek: thence northerJ.y along. the centE:..:'line of said. creek to
the ,ti::u.e poi.nt: of beqil'Uling_ . . .'
1'J,.SO, '.
".t'hat pOrtion. of Section 32, T24N, R.1.E, W.K. .elescribed as fo1.1ows.:
Beginhlns at. 1:.he SE corner of, Govt.. ':Lot 2 at. said Section :3 2 ;:
thence NSS-17'2inW 3~O.Ol ft; thence Nl.S6'36"E 401.06 fe ~ore or
.le.ss i:.Or the Sou.therly~aX'gin of State Bighvay, the.nce easterly
along said. southerlY.Jnargln to It:s inte:z:sect:i.on with the e~st line
of s~id. Govt. Lot 2..said point pearinq Nl. -SI;]'16"E ,of t:.he..~int of'
begtnn.ing; thence 51. SO' 1.6"W along said. e.as1: line of Go'Vt. Lot 2 to
the point of beginn1.n"g;" . , .
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LEGISILITY FOAUDITOR'S NOTE
UNS/J. T/SFAC R RECORDING
INSTRukC:~ IN A POR~Z COPYING
WHEN Rt"C,t" OF THIS
1;1 I;IVED. .
"
EXHIBIT A
..
111111111111 1111I11 1111111111111111111111111111 11111111 ~~~;::&;j~~,::9 '
BREHERTON CITY OF TAGHT $37,~~ ~itsap Co, WA