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