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Home My WebLink About3085542 - Doyle & Ann Narry - Contract Settlement AgreementReturn Address: T)nrriri A- Waiha'l 9657 Levin Rd. Nw. ii240 Silverdale WA 98383 Pleg or lllilllllill rfitflffi ilil iltil ]iltil1illltillr ffl 3085542 Fage, I of 5 05/84/$8 I I '578Kitsap tlo, ll8 hIbrNdOA WASHINGTON STATE RECORDER'S Cover Sheet l. 2. 3. 4. (c transactioos contaioed therein): lall arcas applicoblo to yorr documoar @ bo 6lled in1Document Title(s) Settlement Agreement Reference Number(s) of Documents assigned or released: Additional rcference #'s on page - of document l. 2. 3. 4. T Grantor(s) (Last nanrc 6rst, then first name and initials) Doyle D. Narry and Ann Narry James M. Scott and Barbara J. Scott A. Oliver Hanley and Karen Hanley Richard A. Brown and ttJane Doett Brown 5. Royal Oak, Inc. Additional nanes onpage of documenr Grantee(s) (l,ast name first, then first name and initials) l. City of Port Orchard 2^ 3 4. Additional Eanes oE page of doorment Legal description (abbreviared le. lot, block, plat or section, township, mnge) Additiooal legal is on page of documentr Assessor's Property Tan ParceVAccount Number Assqtsor Tax # not yct sssifd Tbe Auditor8ecordcr eill rtly on tbe information provided on tbc form. The saff will not read tbe document to verify ttre acsuracl or completcness of tbc indadng informatioo provided bcrci!" SEtrTI,EIIENT AGREEI{ENT THIS AGREEMENT is entered into by and between DoYLE D' NARRY and ANN NARRY (rrNarrySrr) and the city of Port orchard ("city")' Thepartiestrerebyexpresslyacknowledgethattheyare entering into this Agreement for good and valuabte consideration' including the mutual promises set forth herein, sufficiency of which consideration is hereby acknowredged by the parties. l.TheCitywillrdtitssoleexpense'haveasurvey performed surveying a line three and one-half (3'a feet back from t-he- La.wt-e!1c€ Street side of the Narryst house. The Narrlrs trill quit claim to the City any interest they may have in the property to the south of the survey line. The city will quit craim to the Narrys any interest it rnay have in the property to the north of the survey line. The city will reserve a right-of-way over that portion of the property it quit claimed which is now paved and denominated Lawrence Street' 2.Thecitywillratitssoleexpense'haveasurvey performed surveying a line from the west outward edge of the retaining waII and parallel to the west side of the Narrys' residence. The Narrys wilr quit craim to the city any interest they may have in property to the west of the survey line, and the city will quit claim to the Narrys any interest it' may have in property to the east of the survey line' 3. The city will remove the existing concrete and metal posts located in the right-of-way deeded back to the City by the Narrys at the curve where Lawrence street and Perry Avenue blend into each other and replace said posts with a guardrail system which is to be located in approximately the same place with the same length and configuration as said posts' 4.Thisagreernentshallconstituteafultandfinal settlement,betweenNarrysandthecity,dStheissuesraisedin Kitsap county superior court cause No. 93-2-OL437-8, and is in fuII satisfaction of paragraph 3 of the collateral agreement, which is attached hereto as Exhibit ,A, and incorporated herein by this reference. This agreement is contingent on the fult execution by -1-- 3085542 Page' t of 5 05/04/38 11,57fl Kitsap [0, llfllffi l[lill tililil!ilil illl ]iltillill]|Jl ilt all parties of that certain Settlernent Agreement attached hereto as Exhibit ilAr. 5. The parties hereto mutually release and forever discharge each other, and their respective agents, officers, attorneys, insurers, Successors and assigns, and any and all other persons, firms, corporations or other entities liable or who rnight be claimed to be Iiable, of and frorn any and all claims, demands, actions, causes of action, counterclaims, third-party claims, ot suits of any kind or nature whatsoever, arising out of the facts as alleged or could have been alleged in Kitsap County Superior Court Cause No. 93-2-OL437-8, ot in any way arising out of the Narrys' purchase of property commonly known as 1805 Lawrence Street, Port Orchard, Washington. 6. Execution of this Agreernent is not to be construed as an adrnission of liability or responsibility on the part of any party hereto. 7. In the event that action or litigation is instituted to enforce or contest the provisions of this Agreement, the prevailing party shall be entitled to recover its actual reasonable attorneyts fees and costs of the same, in addition to costs taxable under the law. g. A11 legal documents to effect this settlement wilt be prepared by the City Attorney's Office. DATED:)-lrl -1+CITY PORT ORCHARD ATTE DATED z /2 - /q- ?6 -2- I ilIil llill illt illilr llilr ilil ililil ilr ilil ilil ll] RYHl.l SELLS UPTEGRHFT fl$|'IT $IE.O$ 3085542 Flge' 3 of 5 fis/$4/S8 11 '5711Kitsep Co, l.lfl {Py SETTLEMENT AGREEMENT THIS AGREEMENT is entered into by and between Doyle D and Ann Narry ("Narrys"), James M. and Barbara J. Scott ("Scotts"), A. Oliver and Karen Hanley ("Hanleys"), Richard A. and "Jane Doe" Brown ("Browns"), Royal Oak, lnc. ("Royal Oak"), and the City of Port Orchard ("City"). The parties hereto expressly acknowledge that they are entering into this Agreement for good and valuable consideration, including the mutual promises set forth herein, sufficiency of which consideration is hereby acknowledged by all parties hereto. 1. The parties agree to have entered immediately a stipulated order of dismissal without costs and with prejudice of all claims, counterclaims, third-party actions, causes of action, and complaints !n t!:e matter cf Narrys ,u,. Scoff.s, et ai., t(iisap Co'-rnty Cause No. 93-2-01437-8 (the "Litigation"), and in the appeal related thereto in Division ll of the Court of Appeals, No. 2051 1-4-ll. 2. Plaintiffs Narrys and their counsel, Steve Dixon of Cravuford, McGilliard, will be paid a total of $7,500 upon entry of the dismissals referenced above, $2,500 by Browns/Royal Oak, and $5,000 by their insurer. 3. Narrys and City will negotiate a mutually agreeable resolution of the property issues between them springing from the Kitsap County Superior Court's order on summary judgment dated February26, 1996, whereby certain City property was deemed to be vacated and thus the property of Narrys. This Agreement is contingent upon execution by all parties of that certain Settlement Agreement attached hereto as Exhibit A. 4. The parties hereto thus mutually release and forever discharge each other, and their respective agents, officers, attorneys, insurers, successors and assigns, and any and all other persons, firms, corporations or other entities liable or who might be claimed to be liable, of and from any and all claims, demands, actions, causes of action, counterclaims, third-party claims, or suits of any kind or nature whatsoever, arising out of the facts as alleged or could have been alleged in the Litigation, or in any way arising out of the Narrys' purchase of property commonly known as 1805 Lawrence Street, Port Orchard, Washington, from Scotts and Hanleys. 5. Execution of this Agreernent is not to be construed as an admission of liability or responsibility on the part of any parties hereto. 6. ln the event that action or litigation is instituted to enforce or contest the provisions of this Agreement, the prevailing party shall be entitled to recover its actual reasonable attorney fees and costs of the same, in addition to costs taxable under the law. Browns: DA.E Date o- 3085s42 Fage, 4 of 5 05/0{/s8 11'S7fl l(itsap Co, l.lfi Date: 5-tA -q1 I illll llllt ilil ilf] ilIil iltil ]ililI til ilil til lu RYRl'l SELLS UPTEGRflFT fiCI1I $iE.OE cCpy (STGNATURES CONTINUED FROM PAGE 1) Date: J-r1.\1 Royal Oak: ROYAL OAK, INC By Its P?o<t oE r/f Date A- /&-97 il N NAR Date: t- l-?7 Scotts: M , ,,8^jou, D Vaw-City: CITY OF By Its Date RT ORCHARD aAnenRA.r. scdr Date: Hanleys: 4 &L A. OLIVER HANATTEST: Patricia Pa.rks, CitY Clerk Date q N LEY Date I ll]il ililt ilil illlll lllll lllll lllllll lll lllll llll llll RYHI SELLS UPTEGRFFT fiGIlT $IE.OO \'7-qL 1 1/27l96-A-JGH AG STLMT 058900051 3085542 Page, 5 of 5 05iN4i$8 I t'57fi l(iisap Co, l{ff -2-