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AN ORDINANCE amending the use and .rea maps of Ordinance
1792 upon application of rezone from R-l_ko_]~ and subject
to various requirements and other applicable laws and
regulations. (HEMP Rezone)
WHERE., the City Council of the City of Bremerton has heard
testimony on the rezone of the property at ~2~_~~
and 2602 and ~~_A~ Bremerton, Washington, and has
reviewed the record and resolution of the Bremerton Planning
Co~ission; and
WHERE., the City Council has adopted the findings of the
Planning Co~ission contained in Resolution No.
NOW THEREFORE, THE CITY OF B~MERTON ~ES HEREBY O~AIN:
~ That the use and area maps of Ordinance No.
1792, are hereby ~ended in conformity with Title IV, Chapter 1
thereof, as follows:
Subject Property:
~hereo~ recorded in Vo1~e 9 oE Plats
~~unty, Washington.
~71'[~. ~ Lot 21, Higgen Addition Replat, according to plat
19~ [{~ ~unty, Washington.
~ Lot 1, BloGk 6, Third Addition to Sheridan Park,
p%06~__ according to the plat thereof, recorded in Vol~e 8 of Plats,
~[~{~{~ ~%~ Page 64 through 67, inclusive, records of Kitsap County,
t h he o c Vol~e 8 of Plats,
Pa9e 64 through 67, records of Kitsap County, Washington.
BE ~D THE S~E HEREBY is reclassified from ~ential (R-
1) to Business (B-2) subject to the following conditions as set
forth in 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 Agreements, which ape attached hereto as Exhibit
~A~ ~
APPROVED by the City Council on the first reading this
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 _~F~ day of
,1986.
861138010 , ~ayor
ATTEST, [1400 596
KATHLEEN L. McCLUSKEY, Clerk
C REQ. OF
NOV ~ -: 1986A~
CONCOMITANT ZONING AGREEMENT
KI"i'SAF~ COUp's, ? AUDITOP~
DEPUTY ...... ~ ....
WHEREAS, the City of Bremerton, Washington, 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 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 Commission has recommended that
the property located at 2603 and 9.611 Ash St.._ and _2602 and 2610
Cherry Ave.. in Bremerton, WA, which property is hereinafter more
particularly described, be rezoned from ~{esidential (R-l) to
Business (B-2); and
WHEREAS, the City pursuant to RCW 43.21C, 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 Bremerton to insure comp1 lance with the
Bremerton Zoning Ordinance, and all other local, State and
federal laws relating to the use and development of the property;
and
8611260103
59'7
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 the event the property located at ~
2603 Ash St., and Z~--~ Cherry Ave., in Bremerton, WA and
more particularly described as:
~~ Lot 20, Higgen Addition Replat, according to plat
thereof recorded in Volume 9 of Plats Page 49, records of
Kitsap County, Washington.
~ Lot 21, Higgen Addition Replat, according to plat
thereof recorded in Volume 9 of Plats Page 49, records of
Kitsap County, Washington.
~ Lot 1, Block 6, Third Addition to Sheridan Park,
according to the plat thereof, recorded in Volume 8 of
Plats, Page 64 to 67, inclusive, records of Kitsap County,
Washington.
~ Lot 2, Block 6, Third Addition to Sheridan Park,
according to the plat thereof, recorded in Volume $ of
Plats, Page 64 through 67, records of Kitsap County,
Washington.
is rezoned by the City of Bremerton from ~r~_~ and in full .
consideration of the event should it occur, the owners do hereby
covenant and agree:
1. To restrict future use of the subject parcels to
professional office or medical/dental clinic and
required off-street parking in accordance with pertinent
building and zoning codes.
598
86 03
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 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.
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.
86 ! 1 2 6 01 0 3 - l l t400 599
7. This Agreement shall be binding on the heirs, assigns and
successors of the owner of the property.
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
proper ty:
OWNERS: (PARCEL
,/j ) ss.
County of .~ ,7~'~ )
_ '- ~ ' ~c'- .C¥~ ~ A.D.
On ~his / 7 ~ day of . z , . .
before me, the undersigned, a Notary Public in and for the
State of ~(.:~] %r~/]' ~ 7 ~ , I ~ 'duly commissioned and
sworn personally appeared /)y~/~ zA L ~,k?c] % 6~
to me known to he the individual___ described in ~d who
execu~~%~."~regoing instr~ent, and acknowledged to me that
, he~%tq.~.]~ sealed the said instrument as ~,~ free
and deed for the uses and purposes therein
NE~ m~a~ and official seal hereto affixe~%~0~a~00
an~%a~ ~h~ ~,rtificate above .~ritten.
8 11 g00103 //~tary Public, : ln~and'for.._ the
~/~'~ ( State Of_/~"~~f>"~'L-~~ ,-.~
Approved as to form:~ ~' ~-- residing at~.~{ ~'--,~¢'~
HEMP REZONE
CONCOMITANT ZONING AGREEMENT
WHEREAS, the City of Bremerton, Washington, 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 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 Commission has recommended that
the property located at 2603 and 2611 Ash St.. and 2602 and 2610
Cherry Ave.. 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 RCW 43.21C, 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 Bremerton to insure compliance with the
Bremerton Zoning Ordinance, and all other local, State and
federal laws relating to the use and development of the property;
and
8 6 1 1 2 6 0 1 0 3 K[ 4001 601
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 the event the property located at ~
2603 Ash StL, and 2~2 and. 2610 Cherry Ave~, in Bremerton, WA and
more particularly described as:
~ Lot 20, Higgen Addition Replat, according to plat
thereof recorded in Volume 9 of Plats Page 49, records of
Kitsap County, Washington.
~ Lot 21, Higgen Addition Replat, according to plat
thereof recorded in Volume 9 of Plats Page 49, records of
Kitsap County, Washington.
~ Lot 1, Block 6, Third Addition to Sheridan Park,
according to the plat thereof, recorded in Volume 8 of
Plats, Page 64 to 67, inclusive, records of Kitsap County,
Washington.
~ Lot 2, Block 6, Third Addition to Sheridan Park,
according to the plat thereof, recorded in Volume 8 of
Plats, Page 64 through 67, records of Kitsap County,
Washington.
is rezoned by the City of Bremerton from ~_~-2 and in full.
consideration of the event should it occur, the owners do hereby
covenant and agree:
1. To restrict future use of the subject parcels to
professional office or medical/dental clinic and
required off-street parking in accordance with pertinent
building and zoning codes.
8 {31 1 2 6 0 1 0 3 602
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 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.
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.
86 ! ! 6 0 ! 0 3 [[i400Fi 603
7. This Agreement shall be binding on the heirs, assigns and
successors of the owner of the property.
DATED this ~'u day of C~3c /~'- , 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:
OWNERS- (PARCEL 2)
) SS.
County of ~/~/l?~ ~/t )
On this o~ day of ~,c -/-
-~. ... , A.D. 19~ .ca~,
before me, _the undersi~gned, a ~No~ary Public in and for the
State of ~ ~ · ~ duly commissioned d
sworn perso~~ap~~~D,=~L ~/~ ~ ~ ~ ~ .... ~
to me known to be the individual.._ described in ~d 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
~d year in this certificate abov~te~. ~
~oear~ ~ublic ~n~and for the
~ 'City Attorneyof ~00~ 604
HEMP REZONE
CONCOMITANT ZONING AGREEMENT
WHEREAS, the City of Bremerton, Washington, 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 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 Commission has recommended that
the property located at 2603 and 2611 Ash St.. and 2602 and 2610
Cherry Ave., 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 RCW 43.21C, 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 Bremerton to insure compliance with the
Bremerton Zoning Ordinance, and all other local, State and
federal laws relating to the use and development of the property;
and
8 6 1 1 2 6 0 ! 0 3 [Et4001 605
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 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-
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.
8 6 ! 1,2 6 01 0 3 , l l t4001 606
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 T~EREFORE, in the event the property located at 2611 and
2603 Ash St., and 2602 and 26~0 Cherry. Ave., in Bremerton, WA and
more particularly described as:
~ Lot 20, Higgen Addition Replat, according to plat
thereof recorded in Volume 9 of Plats Page 49, records of
Kitsap County, Washington.
~_~ Lot 21, Higgen Addition Replat, according to plat
thereof recorded in Volume 9 of Plats Page 49, records of
Kitsap County, Washington.
~ Lot 1, Block 6, Third Addition to Sheridan Park,
according to the plat thereof, recorded in Volume 8 of
Plats, Page 64 to 67, inclusive, records of Kitsap County,
Washington.
~ Lot 2, Block 6, Third Addition to Sheridan Park,
according to the plat thereof, recorded in Volume 8 of
Plats, Page 64 through 67, records of Kitsap County,
Washington.
is rezoned by the City of Bremerton from ~_~_~-2 and in full
consideration of the event should it occur, the owners do hereby
covenant and agree:
1. To restrict future use of the subject parcels to
professional office or medical/dental clinic and
required off-street parking in accordance with pertinent
building and zoning codes.
86.! .! 601 0 3 { [[1400Fi 607
7. This Agreement shall be binding on the heirs, assigns and successors
of the owner of the property.
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:
(~NERS: (PARCEL 3)
STATE OF WASHING?ON )
) ss
GOUNTYOF KITSAP )
On this 29th day of October , A.D. 19 86 ,
before me, the undersigned, a Notary Public in and for the State of
Wash±n~ton , duty conmissioned and sworn personally
appeared DONALD W. HORN and
NANCY A. HORN to me known to be the individuals
described in and who executed the foregoing instr~nent, and achknowledged
to me that they signed ans sealed the said instrument as their free and
voluntary act and deed for the uses and purposes therein mentioned.
./'~i. ~I~qESS my hand and official seal hereto affixed the day and year in
~.this certificate above written.
o State
~ ' of Washington
residin~ at Bremerton
· Notary I{xpires 7-15-90
APPllJVEDA8 to form:~/.,.r,,~ .... _ ...--_. ....
Cf t2;7~ft0rney
CI~{RI(~2q, Acting
8611260103
HEMP REZONE
CONCOMITANT ZONING AGREEMENT
WHEREAS, the City of Bremerton, Washington, 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 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 Commission has recommended that
the property located at 2603 and 2611 Ash St.. and 2602 and 2610
Cherry Ave.. 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 RCW 43.21C, 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 Bremerton to insure compliance with the
Bremerton Zoning Ordinance, and all other local, State and
federal laws relating to the use and development of the property;
and
8 6 ! I 6 0 ! 0 3 {{t'4OOg
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 the event the property located at 2611 and
2603 Ash St,, and 2602 anO 2610 Cherry Ave., in Bremerton, WA and
more particularly described as:
~.~ Lot 20, Higgen Addition Replat, according to plat
thereof recorded in Volume 9 of Plats Page 49, records of
Kitsap County, Washington.
~ Lot 21, Higgen Addition Replat, according to plat
thereof recorded in Volume 9 of Plats Page 49, records of
Kitsap County, Washington.
~ Lot 1, Block 6, Third Addition to Sheridan Park,
according to the plat thereof, recorded in Volume 8 of
Plats, Page 64 to 67, inclusive, records of Kitsap County,
Washington.
~_~ Lot 2, Block 6, Third Addition to Sheridan Park,
according to the plat thereof, recorded in Volume 8 of
Plats, Page 64 through 67, records of Kitsap County,
Washington.
is rezoned by the City of Bremerton from ~_]~ to_~-2 and in full
consideration of the event should it occur, the owners do hereby
covenant and agree:
1. To restrict future use of the subject parcels to
professional office or medical/dental clinic and
required off-street parking in accordance with pertinent
building and zoning codes.
86 11 2 6 01 0 3 t40.O 610
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 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.
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.
8611260103 [t400 61t
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:
OWNERS: (~ARCEL 1)
County of ~ ~___ )
~On this ~V day of ~i. ~ ~' ........ , A. D.
19 ~, , befor~ me, the undersisned, .a Notary Public in and for
the State o~ ~'~J~ ,..~n / , . duly
co~issioned and sworn personally appeared ~%~~
and to me know' to be the
President and Secretary, re~ectively,
the corporation ~hat executed =he fore~o~n~ ins=rument, and
acknowledged the said instr~ent to be the free and voluntary act
and deed o~ said corporation, for the uses anO purposes therein
mentioned, and on oath stated ~hat ~~ he
authorized to execute the said instrument and that the seal
affixed is the corporate seal of said corporation.
WITNESS my hand and official seal h~reto affixed =he day and
year in this cer=ificate above
Notary Public in aha for ~h~ Sta=~ o~ {~:~'"m~
r~sidi~ a= _.
Approved as ~o ~orm: ~C~y .... ~t400~ 612