HomeMy WebLinkAbout3977 AN ORDINANCE providing for the annexation of
certain territory to the City o~ Bremerton and $HSR~L ~iOFF
incorporating the same within the corporate ~ISA~ C0~iY AUDITOR
limits and assigning a portion of it to the Q[~UIY~; . ~
manufacturing zoning use classification.
THE CITY COUNCIL OF THE CITY OF BREMERTON ~ES HEREBY ORDAIN:
SECTION 1: After initiation of proceedings as provided in
RCW 35.13.125, the owners of not less than seventy-five percent
(75%) in value, according to the assessed valutaion for general
taxation of the property hereinafter described, have petitioned
pursuant to RCW 35.13.130 for annexation of said area to the City
o~ Bre~nerton; that the petition came on for hearing before the
City Council on January 30, 1985; that notice of the hearing was
published in the manner provided by law; that the petition was
reviewed by the Kitsap County Boundary Review Board on June 20,
1985, at which time the Boundary Review Board declined to invoke
its jurisdiction; that the area is contiguous to the City of
Bremerton and that the City Council deems it beneficial that the
area become part of the City of Bremerton.
SECTION 2: That the property described in attached Exhibit
A is hereby annexed to and made a part of the City of Bremerton.
SECTION 3: All property within the territory annexed shall
be assesed and taxed at the same rate and on the same basis as
other property of the City of Br~erton is assessed and taxed to
pay for any outstanding indebtedness of the City contracted prior
to or existing at the date hereof.
SECTION 4: All property within the territory annexed shall
be subject to and a part of the comprehensive plan of the City of
Bremerton has presently adopted or as is hereafter amended.
SECTION 5: The property in attached Exhibit B, which is
within the territory annexed, shall be zoned Manufacturing (M)
pursuant to the terms of Ordianance No. 3963.
SECTION 6: The property decribed in Exhibit B, in addition to
the regulations set forth in the Bremerton Zoning Ordinance,
shall be subject to the conditions articulated in the concomitant
agreement which is annexed as Exhibit D.
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SECTION 7: The property described in attached Exhibit C,
which is within the property annexed, shall be zoned as
Manufacturing (M). The City Council of the City of Bremerton
approved this rezone petition at a hearing conducted on June 19,
1985.
SECTION 8: All other territory annexed shall be assigned to
the residential 1 (R-l) District pursuant to the terms of Section
1601 (d) of the Bremerton Zoning Odinance.
SECTION 9: This annexation is to be effective on or after
approval, passage and publication of this Ordinance.
SECTION 10: A certified copy of the Ordinance shall be
filed with the Kitsap County Commissioners, State of Washington
and as otherwise provided by law.
APPROVED by the City Council on the first reading this I~
day of -~u_~ ,
1985.
PASSED by the City Council of the City of Bremerton,
Washington, signed by the Mayor and attested by the City Clerk in
authentication of such passage this ~ day of ~
1985.
MORRIE DAWKINS, Mayor
ATTEST:
KATHLEEN McCLUSKEY[ Clerk
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EXHID~T A
That portion of the NE 1/4 of the NE 1/4 of Section 21 T24N, R1E,
WM, lying south of the north margin of Arsenal Way and that
portion of Arsenal Way known as Auto Center Way.
ALS O:
That portions of vacated Oyster Bay Ave. described as follows:
The west 20 feet of the East 1/2 of vacated Oyster Bay Ave. lying
south of the south margin of Arsenal Way and north of the north
right-of-way line of SR3.
ALSO:
That portion of Arsenal Way lying west of the southerly extension
of the east margin of Oyster Bay Ave.
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404
Sauer Property
Lots 42, 43 and 44, Fernwood, according to plat recorded in
volume 4 of Plats, page 89, in Kitsap County, Washington
PARCEL B
The southwesterly 200 feet of lots 34, 35 and 36, Fernwood,
according to plat recorded in volume 4 of plats, page 89, in
Kitsap County, Washington;
EXCEPT that portion of said lot 34 that lies within the following
described tract:
Beginning at the most easterly corner of said lot 34; thence
northwesterly along the northeasterly margin of said lot 34, 60
feet; thence southwesterly parallel to the southeasterly line of
said lot 34, 200 feet; thence southwesterly to a point on the
southeasterly margin of said lot 34; 200 feet southwesterly of
the most easterly corner of said lot 34; thence northeasterly
along the southeasterly margin of said lot 34, to the point of
beginning;
TOGETHER WITH and easement over and across the northwesterly 12
feet of the remainder of said lot 36 and that portion of vacated
Ferndale Avenue lying between the northerly prolongation of the
northwesterly and the southeasterly margins of said easement to
Arsenal Way.
Hanberg Property
That portion of the northeast quarter of the northeast quarter,
section 21, township 24 north, range 1 east, W.M., in Kitsap
County, Washington, descried as follows:
Beginning at the southwest corner of said northeast quarter of
the northeast quarter; thence north 495 feet; thence east 176
feet; thence south 495 feet; thence west 176 feet to the point of
beginning; EXCEPT the north 20 feet of the west 30 feet thereof
reserved for right-of-way in deed recorded under Auditor's File
No. 239892.
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405
PARCEL 1:
That portion of Lots 31 and 32, Fernwood, as per plat recorded in
Volume 4 of Plats, Page 89, records of Kitsap County, Washington,
lying Southwesterly of State Highway 121.
PARCEL II:
That portion of Tract 33, Fernwood, as per plat recorded in
Volume 4 of Plats, Page 89, records of Kitsap County, Washington,
described as follows:
Beginning at the Northeast corner of said Tract; thence South
along the East line of said Tract, 185 feet; thence West 60 feet;
thence Northeast to a point on Ferndale Avenue, 21 feet, measured
along said Avenue from the Point of Beginning; thence
Southeasterly along Ferndale Avenue, 21 feet to the Point of
Beginning;
EXCEPT that portion conveyed to the State of Washington by deed
recorded under Auditor's File No. 995234.
PARCEL III:
That certain portion of the following described property:
Beginning at the Northeast corner of Lot 34, Plat of Fernwood, as
recorded in Volume 4 of Plats, Page 89, records of Kitsap County,
Washington; thence Northwesterly along the Southwesterly margin
of Ferndale Avenue 60 feet; thence Southwesterly parallel with
West line of said lot 34, 200 feet; thence Southwesterly 60 feet
to the East margin of Lot 34, thence Northeasterly 200 feet to
the True Point of Beginning, described as follows, to wit:
Beginning at the Northeast corner of said tract; thence Southerly
along the Easterly line of said tract to the Southeast corner
thereof; thence Northwesterly along the Southwesterly line of
said tract, 25 feet; thence Northerly to a point on the Northerly
line of said tract, 5 feet Northwesterly from the Point of
Beginning; thence Southeasterly along the Northerly line of said
tract, 5 feet to the Point of Beginning;
EXCEPT that portion conveyed to the State of Washington by
Auditor's File No. 1000764 for Auto Center Way.
PARCEL IV:
Lot 33, Plat of Fernwood, as recorded in Volume 4 of Plats, Page
89, records of Kitsap County, Washington:
EXCEPT the following:
Beginning at the Northeast corner of said Lot 33; thence
Southerly along the East line of said tract, 185 feet; thence
West 50 feet; thence Northeasterly to a point 16 feet West of the
Northeast corner of said Lot 33; thence Easterly to the Northeast
corner of said Lot 33;
AND EXCEPT that portion conveyed to the State of Washington by
Auditor's File No. 1000764 for Auto Center Way.
PARCEL V:
That portion of Lot 34, Plat of Fernwood, Volume 4, Page 89,
described as follows:
Beginning at the Northwest corner of said Lot 34; thence
Northwesterly along the Southwesterly margin of Ferndale Avenue
60 feet; thence Southwesterly parallel with the West of said Lot
34, 200 feet; thence Southeasterly 60 feet to the East margin of
Lot 34, thence Northeasterly 200 feet to the True Point of
Beginning;
EXCEPT that portion conveyed to the State of Washington by
Auditor's File No. 1000764 for Auto Center Way.
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406
EXHIBIT D
CONCOMITANT ZONING AGREEMENT
WHEREAS, the owners of property located at 4808 Rogers
Street, Bremerton, Kitsap County, Washington, which is more
particularly described in Exhibit "A" and the owners of property
located at 216 Western Avenue, Bremerton, Kitsap County,
Washington, which is more particularly described in Exhibit "B"
have requested that the above-described property be zoned as
Manufacturing upon annexation to the City.
WHEREAS, the City Planning Commission has recommended that
the above-described properties be assigned to the Manufacturing
District pursuant to the provisions of the Zoning Ordinance,
subject to the conditions stated herein pertaining to such uses
and the development of the property in order to ameliorate the
adverse impact of unrestricted use and development in a
manufacturing district; and
WHEREAS, the City Council on January 23, 1985, app[oved the
requested zoning classification, subject to the conditions set
forth herein; and
WHEREAS, the City of Bremerton a first class city under the
laws of the State of Washington, has authority to enact laws and
enter into agreements to promote the health, safety and welfare
of its citizens, and thereby control the use and development of
property within its jurisdiction; and
WHEREAS, the City, in addition to civil and criminal
sanctions available by law, desires to enforce the rights and
interests of the public by this Concomitant Agreement; now,
therefore
IN FULL CONSIDERATION of the City Council's approval
of zoning the above described property as manufacturing
district, effective upon the date of annexation, the owners do
hereby covenant, bargain and agree on behalf of themselves, their
heirs, successors and assigns, to develop their property in
accord with the conditions set forth below.
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407
These conditions must be satisfied upon issuance of either a
temporary or permanent certificate of occupancy authorizing use
of the above-described property for a non-residential or multi-
family use. These properties are particularly described in
Exhibit "A" and Exhibit "B". The owners have agreed to provide:
(1) Right-of-way dedication and roadway facilities as
specified by the City Engineer.
(2) Fire hydrants and/or other fire safety facilities
as specified by the Fire Department.
(3) Wastewater facility improvements to and on the
subject site related to the development of the
subject site as specified by the City Engineer.
(4) A twenty-five foot (25') buffer zone adjacent to
all residential zones.
]. In the event that any term or clause of this Agreement
conflicts with applicable law, such conflicts shall not
affect other terms of this Agreement which can be given
effect without the conflicting term or clause, and to
this end, of the terms of this Agreement are declared to
be severable.
2. Any amendment or modifications of this Agreement shall
be valid only if mutually agreed upon by the City of
Bremerton and the owners (including heirs, assignees and
successors to the owner) in writing and recorded with
the Kitsap County Auditor.
3. In addition to all other remedies available to the City
by law, the City reserves the right to initiate
proceedings to revoke the zoning of the property should
the owners fail to comply with any of the terms and
conditions of this Agreement.
4. The City may, at its discression, bring a lawsuit to
compel specific performance of the terms and conditions
of this Agreement.
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£[t352 408
5. Nothing in this Agreement shall be construed to restrict
the authority of the City to exercise its power to rezone
the property in future years.
6. The owners agree to indemnify and save harmless the City
of Bremerton from and against all claims, suits, damages,
cost, losses and expenses in any manner resulting from,
arising out of, or connected with the owner's negligent
performance of or failure to perform fully any terms or
conditions of this Agreement.
7. This Agreement shall be binding on the heirs, assigns and
successors of the owner of the property.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
OWNERS:
Approved as to form:
Assistant Ci Date
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409
Sauer Property
Lots 42, 43 and 44, Eernwood, according to 91at recorded in
volume 4 of Plats, page 89, in Kitsap County, Washington
The southwesterly 200 feet of lots 34, 35 and 36, Fernwood,
according to plat recorded in volume 4 of plats, page 89, in
Kitsap County, Washington;
EXCEPT nhat portion of said lot 34 that lies within the following
described tract:
Beginning at the most easterly corner of said lot 34; thence
northwesterly along the northeasterly margin of said lot 34, 60
feet; thence southwesterly parallel to the southeasterly line of
said lot 34, 200 feet; thence southwesterly to a point on the
southeasterly margin of said lot 34; 200 feet southwesterly of
the most easterly corner of said lot 34; thence northeasterly
along the southeasterly margin of said lot 34, to the point of
beginning;
TOGETHER WITH and easement over and across the northwesterly 12
feet of the remainder of said lot 36 and that portion of vacated
Ferndale Avenue lying between the northerly prolongation of the
northwesterly and the southeasterly margins of said easement to
Arsenal Way.
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410
Hanberg Property
That portion of the northeast quarter of the northeast quarter,
section 21, township 24 north, range 1 east, W.M., in Kitsap
County, Washington, described as follows:
Beginning at the southwest corner of said northeast quarter of
the northeast quarter; thence north 495 feet; thence east 176
feet; thence south 495 feet; thence west 176 feet to the point of
beginning; EXCEPT the north 20 feet of the west 30 feet thereof
reserved for right-of-way in deed recorded under Auditor's File
No. 239892.
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