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Home My WebLink AboutGARDNER, RAY / HUNT, GREG & JOAN Return Address City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 BRE REM TON CITY OF 201105240054 �l Agreement Reo Fee $ 69 00 05/24/2011 10 39 AM Page I of 8 Walter Washington, Kitsap Cu Auditor 11111111111111111 III' 11111111111111!11 1111 IIIII 1;1111111111 I 1111111111 IIIII IIII IIII AUDITOR/RECORDER'S INDEXING FORM Document Title(s) 1 Agreement Reference Number(s) of Documents assigned or released Kitsap County Auditor's No 62199 Grantor(s) 1 Ray Gardner, Greg Hunt and Joan Hunt 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 4539- 000 - 005 -0106 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 RAY GARDNER, GREG HUNT, AND JOAN HUNT, hereinafter referred to as the "Owners ", for himself/herself and his/her executors, administrators, heirs, assigns, and personal representatives, on this 7r�—^ 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 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 Owners are 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 249 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 the Owners 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, the Owners agree 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 Owners also specifically agree 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 the Owners acknowledge 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 2of8 G Nothing in this Agreement shall prevent the City or the Owners 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 arising 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 The Owners acknowledge 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 The City agrees that this agreement shall be recorded with the Kitsap County Auditor N THE OWNERS, 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 8 GRANTOR �V✓� %� RAY GARDNER DATE 4/18/2011 Notary Public State of Washington STATE OF WASHINGTON ) Christopher Oliver ) ss Commission Expires 12 -10 -2013 COUNTY OF KtISAR ) PIERCE On this 18TH day of APRIL , 2011, before me a Notary Public in and for the State of Washington, personally appeared RAY GARDNER 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 se my hand and official seal the day and year first above written GORT — STOPHER OLIVER NOTARY PUBLIC, in and for the State of Washmgton, residmg at TACOMA, WA My appointment expires 12/10/2011 4 of GRANTOR GREG HUNT DATE E -I I - P-0 I A (2 STATE OF N ) ) ss COUNTY OF KFFS2A4Py R ) On this 11 h day of t D(Zi L , 2011, bef re me a Notary Public in and for the State of Washington, personally appeared rencm I HLLG� to me known to be the individual that executed the foregoing iristruhitk, d 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 Within This Box - IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written NOTARY PUBLIC, in ah4 for the Stge ' n� of residing at ` ointm t expires lot el OFFICIAL SEAL KASSIDY E REINERT Commission # 284430 a/ Notary Public State olAnzona YU MA COU NTY leis ; My Comm Expires May 18, 2013 5 ofV GRANTOR J AN HUNT DATE STATE OF WASHINGTON ) ) ss COUNTY OF K! 7 1 1 SAP ) On this 2,SJ 6 day of 1� io y'1 � , 2011, before me a Notary Public in and for the State of Washington, personall py as peared 7 o g H V n i 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 Within Thus Box - IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written � Notary Public LR te of W&s1hDngton i !� R BLACK ( � MY ®AAh99�vl�i EXPi��S NOTARY PUBLIC, in and for the State Opp #0, 01 of Washington, residing at LA A p W mom My appointment expires lu ZG1M 6 ofV CITY OOFBREMERTON, WASHINGTON / 7 C By PATTY ;" Its MAYOR DATE D STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) On this��day of , 2011, before me a Notary Public in and for the State of Washington, personally appeared tatty 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 Withm 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 NO F ARY PUBLIC, in ane th� te CAROL L ETGEN of ashmgton, residing at COMMON EXPIRES 12118I2q ppomtment expires APPROVED AS TO FORM sV- GER A VUBOVICH City Attorney 7 of 8 e Da 1% 1932 M W AS 1%2 voum 92 or Deede PW $30 'ts fiu 9 MMM WATM PO a OW PUVOMO of the mrQ hmU of W WWW=t L mm 0*04 rw to • tbm MMAIr of vddw to a d goo s a64 in cmw*4tl" *woof 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