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Home My WebLink AboutTOLLEFSON, VERNA Return Address City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 BREMERTON CITY OF 201105030078 Agreement Rec Fee $ 67 00 05/03/2011 08 57 AM Page 1 of 6 Walter Washington, Kitsap Co Auditor 1111111 IIIIII III IIII 1111111111111 IN IIII 111111111111111111111111111111111111111111111 J AUDITOR/RECORDER'S INDEXING FORM Document Title(s) 1 Agreement Reference Number(s) of Documents assigned or released Krtsap County Auditor's No 62199 Grantor(s) 1 Verna L Tollefson Additional names on page of document Grantee(s) 1 The City of Bremerton Additional names on page of document Legal Description A portion of the N 'h of the NW '/4 of the SE '/4 of Section 32, Township 24 North , Range (abbreviated) 1East, W M in Krtsap County, WA Additional legal is on page of document Assessor's Property Tax Parcel /Account Number 322401 -4- 075 -2001 Project Name Replacement of Agreement under Kitsap County Auditor's No 62199 AGREEMENT This AGREEMENT is executed by and between the CITY OF BREMERTON, WASHINGTON, hereinafter referred to as the "City ", and VERNA L. TOLLEFSON, hereinafter referred to as "Ms Tollefson ", for himself/herself and his/her executors, a str_ rs, heirs, assigns, and personal representatives, on this day of , 2011 WHEREAS, the Bremerton Water and Power Company entered into an agreement in 1912, (Krtsap County, book of deeds, Volume 82, pages 83 Auditor's No 62199) (attached as exhibit A) with Micheal Griffin providing for its use of water from Gorst Creek, and WHEREAS, the 1912 agreement was later assigned to the City of Bremerton's Municipal Water Department, and � r WHEREAS, the 1912 agreement provided one (1) twenty (20) acre parcel of land under single ownership for an allowance of two thousand (2,000) gallons of water per day in return for the City's use of water from Gorst Creek, and WHEREAS, the single parcel of property subject to the 1912 agreement has subsequently been divided into fourteen (14) separate parcels, and WHEREAS, the City has determined that it is in the interest of each party affected by the 1912 Agreement to resolve their rights pursuant to the 1912 agreement, terminate the 1912 Agreement and establish a new relationship with existing owners, NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows A That Ms Tollefson is currently entitled to an allowance of water pursuant to the 1912 agreement B That the City is entitled to withdraw water from Gorst Creek as is necessary for City needs and will continue to have the right to withdraw water from Gorst Creek C That as a consequence of the original property subject to the 1912 Agreement being divided that the allotment of water available to your property is 127 gallons per day D That the City will agree to the termination of the 1912 Agreement, however, the City will continue to honor the allotment identified above, however, usage above this amount shall be charged to Ms Tollefson at the current City of Bremerton water usage retail rates for your location There will be no costs associated with the water meter E In consideration of the action agreed to above by the City, Ms Tollefson agrees to the complete and final termination of the 1912 Agreement referenced herein and to fully and completely release any interest in the 1912 Agreement as well as release and forever hold harmless the City, and each of its officers, employees, and agents, from any and all claims, including but not limited to any claim of breach of the 1912 Agreement referenced herein Ms Tollefson also specifically agrees that the City will continue to have the right in perpetuity to divert water from Gorst Creek for the use of the City as deemed necessary by the City F That Ms Tollefson acknowledges that upon termination of the 1912 Agreement and the release of their interest in the Agreement, that they will be responsible for all costs associated with water usage above the monthly allotment for the property as determined by the City 2 of 5 G Nothing in this Agreement shall prevent the City or Ms Tollefson from bringing suit or pursuing other legal or equitable remedies to enforce the terms of this Agreement H Binding Effect. This Agreement shall run with the land and be binding on all parties having or acquiring from the Owner(s), their heirs, successors or assigns, any right, title or interest in the Property or any part thereof This Agreement shall inure to the benefit of each present interest or future successor in interest of said Property or any part thereof, or interest therein I This Agreement represents the complete and exclusive agreement between the parties in settlement of all matters, claims, and disputes between them ansmg from or relating to the matters set forth herein, and supersedes all prior written or oral agreements, offers, discussions, or understandings of any kind whatever This Agreement may only be amended in writing, signed by the parties J This Agreement shall be interpreted and enforced under the laws of the State of Washington K Ms Tollefson acknowledges that they have had full opportunity to consult with a representative of their choice, before executing this Agreement, and that they are not relying on any representations of the City, other than as specifically stated herein L If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable and this Agreement shall be construed and enforced as if such provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect, and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement M Ms Tollefson agrees that this agreement shall be recorded with the Kitsap County Auditor N MS. TOLLEFSON, BY SIGNING THIS AGREEMENT, CERTIFY THAT (A) THEY ENTER THIS AGREEMENT AND ACCEPT THE TERMS VOLUNTARILY, WITHOUT DURESS (B) THEY HAVE HAD THE OPPORTUNITY TO REVIEW THIS AGREEMENT WITH A LEGAL REPRESENTATIVE, AND (C) THEY HAVE FULL KNOWLEDGE AND UNDERSTANDING OF THE TERMS AND CONSEQUENCES OF THIS AGREEMENT. 3 of 5 GRANTOR: VERNA L. TOLLEFSON GRANTOR: DATE: 1 0 a aof I STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this a day of A 7r . 2011, before me a Notary Public in and for the State of Washington, personally appeared J i; 2 A/ A t. 70[.6 fr to me known to be the individual that executed the foregoing instrument, and acknowledged it to be the fee and voluntary act, for the uses and purposes mentioned in this instrument, and on oath stated that he/she/they were authorized to execute said instrument. Nowy seal MrwAppw Wdi m TM Bm- IN WITNESS WI-IEREOFj have hereunto set my hand and official seal the day and year first above wntten t 0411118 1te�� C �ris�v h� 1'? Aeccoi•/ NOTARY PUBLIC in and for the State of Washirugton, residing at noRT OQGH�Ri� P 3G6 c �� P �� • ° = My appointment expires - ° i d ;• Q gti �i yt7 •.� JAN /' ,,STATE 4 of 5 l CITY OF BREMERTON, WASHIN TON Q A& By: PATTY LENT Its: MAYOR DATE: 4 " 1 STATE OF WASHINGTON ) ) ss• - COUNTY OF KTTSAP ) On this ay of . 2011, before me a Notary Public m and for the State of Washington, Personally 8PP&Rled Patty Lent to me known to be the Mayor of the City of Bremerton, a municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the municipal corporation, for the uses and purposes mentioned in this instrument; and on oath stated that he was authod7ed to execute said instrument. Notary Seal A&W Appear Wdhvi An Baw IN WITNESS WHEREOF, I have herm to set my hand and official seal the day and year first above written. NOTARY PU$L!C NOTARY PUBLIC, m and a State STATE OF WASHINGTON of Washmgtoq resrdmg at CAROL L ETGEN My appomtment expaw COMMISSION EXPIRES 12118012 s APPRO D AS TO FORM. ER . LUBOVICH City Attorney 5 of 5 AaMM Dat ' 152 1912 hGoardisA H AW I� * 31s 1912 to pw t W= 92 or Deefto i file :m 6ZL99 =Mw wATot a pom CWA8 0"ntw the mw qurw at the omthuat v du v i� # 4" %pmw amt so omww wft 6mu=t4* L vp6' 0mrs of IWA v tlw =W27 O>I'vlkwt _ Qwum m a v Oda Goo In tAW- Vaftr VOAW fM dOWSUO =A #Wei =ad :ftu a dd j= ad fdI: bo a vnVetveX 0006WA VW lidth the 2 =4 Ov , � -a► a, as P'W� to avort 's � e $ a sea WATM & PC= OW A14Y r T'6 9. Acts P, to rAAWP SwydkM W W 1922 by mud Wv9bAv4tftp ]. f 14 Mau In and for US Std e IN $o ViftTo hvuiftt 44d ftwetW 6 f ftw=tAm I In and MW V" ft Of AUDITOR'S NOTE LEGIBILITY FOR RECORDING AND COPYING �A I h UNSATISFACTORY IN A PORTION OF THIS INSTRUMENT WHEN RECEIVED