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HomeMy WebLinkAbout4083 ORDINANCE NO. AN ORDINANCE amending the use and area maps of Ordinance 1792 upon application of rezone from R-1 to B-2 and subject to various requirements and other applicable laws and co regulations. (Medical Arts Partnership/Habener) WHEREAS, the City Council of the City of Bremerton has heard testimony on the rezone of the property in (as described in Section 1), Bremerton, Washington, and has reviewed the record and resolution of the Bremerton Planning Commission; and WHEREAS, the City Council has adopted the findings of the Planning Commission contained in Resolution No. 804; NOW THEREFORE, THE CITY OF BREMERTON DOES HEREBY ORDAIN: SECTION 1: That the use and area maps of Ordinance No. 1792, are hereby amended in conformity with Title IV, Chapter 1 Parcel 1, Lot 2, Block 4, Second Addition to Sheridan Park, thereof, as follows- as per plat recorded in Volume 8 of Plats, Pages 74 and 75 · records of Kitsap County, Washington. SUBJECT PROPERTY: Parcel 2, Lot 3, Block 4, Second Addition to Sheridan Park as per plat recorded in Volume 8 of Plats, Pages 74 and 75 r,cnrds of KitsaP County, Washington. BE AND THE SAME HEREBY is reclassified from Residential (R- 1) to Business (B-2) subject to the following conditions as set forth in Section 2: SECTION 2: That the following requirements and other applicable laws and regulations shall apply to the property rezoned by this Ordinance and Ordinance No. 1792: 1. Future use and development of the site shall comply with local, state and federal laws. 2. This ordinance incorporates by reference the Concomitant Zoning Agreement, signed ~~ ~ , 1986, which is attached hereto as Exhibit "A". APPROVED by the City Council on the first reading this ___ ?~__~__/~._~? ....... day o f _~~..~ .... , 1986. 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 ~__ ,1986. ~EQ. OF.~_T~COR. 'TITL5 IN~;UkAN~ , Mayor ATTEST: , £[400 568 ',~:~ ~ HUFF KATHLEEN L. McCLUSKEY .... .~'-'"'t ~:~- ....... 8611 60083 MeOzcai Arts NOV ' ;98~ ~ ~ Partnership ,- ,"~UFF CO~COR~ ~0~ and development of property within its jurisdiction; and WHEREAS, the owners of certain property have applied for a rezone of such property (hereinafter referred to as "property") described below, which is within the City's jurisdiction; and WHEREAS, the City Planning Co~ission has recommended that the property located in Bremerton, WA, which property is hereinafter more particularly described, be rezoned from Residential (R-l) to Business (B-2); and WHEREAS, the City pursuant to R~ 4 3.2 lC, the State Environmental Policy Act, should mitigate any adverse impacts which might result because of the proposed rezone; and WHEREAS, the owners have indicated willingness to cooperate with the City of Bremer ton to insure comp1 iance with the Bremerton Zoning Ordinance, and all other local, State and federal laws relating to the use and development of the property; 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; E [400[ 5G9 NOW THEREFORE, in the event the property located in Bremerton, WA and more particularly described as: Parcel 1, Lot 2, Block 4, Second Addition to Sheridan Park, as per plat recorded in Volume 8 of Plats, Pages 74 and 75 records of Kitsap County, Washington is rezoned by the City of Bremerton from R-1 to B-2 and in full consideration of the event should it occur, the owners do hereby covenant and agree: That curb, gutter and sidewalks be constructed in the Wheaton Way right-of-way in accordance with Engineering Department specifications with future commercial development of the property. 1. 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 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 rezoning of the property should the owners fail to comply with any of the terms and conditions of this Agreement. [t400r 570 4. The City may, at its discretion, bring a lawsuit to compel specific performance of the terms and conditions of this Agreement. 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, costs, losses and expenses in any manner resulting from, arising out of, or connected with the owners' 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. DATED this /~/ day of ~ , 1986. The person(s) whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the above described property: t400F ,571 86 ! ! STATE OF .~%h! ) County of { . ) before me, the~ undersigned, a Notary Public in and for the State of ~)~-<~,~c~ . , duly ,commissioned and sworn personally ap~ar~ed k~.\/j~c~ ~., to me known to be the individual .... described in and who executed the foregoing instr~ent, and acknowledged to me that he__ signed and sealed the said instrument as ~ free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate abo~tten. N~ublic ,in a~d for the ' residing at Approved as to form: F {t4OOFi 572 8611260084