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Home My WebLink AboutFALCON VIEW PROPERTIES, LLC Return Address City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 B EMER RTON CITY OF 201105240055 Agreement Rec Fee $ 67 00 05/2412011 10 39 AM PagP 1 of 6 Walter Washington Kitsap Co Auditor AUDITOR/RECORDER'S INDEXING FORM Document Title(s) 1 Agreement Reference Number(s) of Documents assigned or released Kitsap County Auditor's #62199 Grantor(s) 1 Falcon View Properties, LLC ❑ 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 '/2 of the NW '/4 of the SE '/4 of Section 32, Township 24 North, Range (abbreviated) 1 East, W M in Kitsap County, WA ❑ Additional legal is on page of document Assessor's Property Tax Parcel /Account Number 322401 -4- 074 -2002 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 FALCON VIEW PROPERTIES, LLC, hereinafter referred to as the "Owner ", for himself/herself and his/her executors, �T rtrators, heirs, assigns, and personal representatives, on this (D day of 2011 WHEREAS, the Bremerton Water and Power Company entered into an agreement in 1912, (Kitsap 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 i 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 the Owner is currently entitled to an allowance of water pursuant to the 1912 agreement B That the City will be entitled to continue to withdraw water from Gorst Creek as is necessary for City needs C That the City will take the following action 1 The City will pay a one -time, lump sum payment of Two Thousand Five Hundred Dollars ($2,500 00) to Falcon View Properties, LLC D In consideration of the payment/(action) agreed to above by the City, the Owner 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 The Owner 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 E That the Owner 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 monthly meter fees and usage as determined by the City F Nothing in this Agreement shall prevent the City or the Owner from bringing suit or pursuing other legal or equitable remedies to enforce the terms of this Agreement 2 of 6 G 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 H This Agreement shall be interpreted and enforced under the laws of the State of Washington I. The Owner 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 J 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 K 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 L The Owner agrees that this agreement shall be recorded with the Krtsap County Auditor M THE OWNER, 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 6 FALCON VIEW PROPERTIES, LLC GRANTOR GRANTOR DATE STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) On this 6 day of �a� , 2011, before me a Notary Public in and for the State of Washington, personally appeared Lorna w. ,, s/� to me known to be the individual that executed the foregoing instrument, and acknowledged it to be the free 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 - Notary Seal Must Appear Withm This Box - IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written eetttrtrierri � � �� w ° o < s a. ✓ a-, er O NO < � NOTARY PUBLIC, m and for State =C7 � ° ° e -<� of Washington, residing at 20 y a X My appointment expires / - ru - 1 ° Ir; ii iiiUneuet eee 4 of 6 CITY OF BREMERTON, WASHINGTON axiz / By PAT ENT Its MA DATE STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) On thist ay of 471 , 2011, before me a Notary Public in and for the State of Washington, personally appeared /fatty 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 authorized to execute said instrument -Notary Seal Must Appear Within This Box - IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written - NOTARY PUBLIC STATE OF WASHINGTON NOTARY PUBLIC, in an,-€e the$ e CAROL L ETGEN of Washington, residing at COMMISSION EXPIRES 12/18/20igt appointment expires APPROVED AS TO FORM G AdAJBO � VTCH City Attorney 5 of 6 Dated MW 15p 1 fiscooded $ VQIXM 92 of W 310 1� to pw 030 its tie ro9 6ZL99 "m wontw the wisw dc �: w t atbp =, rw to # _ of votor to 1cs od othei LC = OW sox* of amtor to _.: + at w gumptgo to dbwt � o $ { ) Rum drUft $ea ( ) MUM Vy Tb V, GwrUm P rodAwt Atl Po It # OW 32 1922 by fil and for tba • in Ift OWAV gam ty To Ism In S Of W&WdAIUM* MW ftgo 2f x A Lo o -f- u