HomeMy WebLinkAbout4012 FILED FOR RECORD
11COR TITLE INSURAi
SHE~E;L HUFF
~ ~ 0~]~ ~0, ~ ~ITSAP COUNTY AUDITOR
~ ~'~' DEPUTY_ ~
~792 u~n ap~aa~on DE ~ezone ~om ~ ~o ~2 an8 8ub~ea~ ~o
Le~mony on ~he ~ezone DE ~he p~ope~y a~ (a88~e~)~
~ash~ng~on~ and ha~ ~ev~e~e~ ~he ~e~o~ an~ ~e~o~u~on DE Lhe
B~eme~on ~ann~ng ~omm~on~ and
~ann~ng ~o~~on aon~a~ne8 ~n ~e~o~u~on ~o. 727~
~0~ ~HB~B~O~ ~HB C]~ O~ B~B~B~O~ DOBB HB~BB~ O~D~]~:
~~_~: Tha~ ~he use an8 a~ea mag~ o~ O~8~nanae ~o.
~792~ a~e hereby amenSe~ ~n aonEo~m~y w~h ~e ~V, ~hap~e~ ~
~he~eo~ a~ ~o~o~8:
PARCEL 9, BLOCK 3 AMENDED PLAT OF THE FOURTH ADDITION TO
SHERIDAN PARK AS RECORDED IN VOLUME 9 OF PLATS AT PAGE 3,
RECORDS OF KITSAP COUNTY, WASHINGTON
BE AND THE SAME HEREBY is reclassified from Residential (1)
to Residential (2) subject to the following conditions as set
forth in Section 2:
~_T~QN__ 2: That the following requirements and other
applicable laws and regulations shall apply to the property
rezoned by this Ordinance and Ordinance No. 1792:
See attached concomitant agreement.
APPROVED by the City Council on the first reading this
__/~'._~_ day of January, 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 January,
1986.
.......
/ ...,~6=__,GENE LOBE, Mayor
ATTEST:
KAT~EEN L. McCLUSKEY, Clerk~
E t370 509
8603 6007!
FILED For recor
CONCOMIT~T ZONING AGREEMENT SHERRiL I~UFF
KITSA~ GOUNTY A~DITOR
DEPUTY
WHER~S, the City of B~emerton, Washington, a first class
City un,er the laws of the State of Washington, has authority to
enact laws anO enter into agreements to promote the health,
safety an~ welfare of its citizens,an~ thereby control the use
and ~evelopment of property within its jurisdiction~
WH~EAS, the owners of certain property have applie~ for a
rezone of such property (hereinafter referred to as 'property~)
describe~ below, which is within the City's juris~iction~ and
WHEREAS, the City Planning Co~ission has reco~endeO that
the property locate~ in the center of the block ~escribeO by the
followin~ streets= Schley, Callahan, Fir an~ Magnuson,
B~erton, WA, which property is hereinafter more particularly
Oescribe~, be rezoneO from Residential 1 (R-l) to Residential 2
(R-2) ~ and
WHeEl, the City pursuant to R~ 43.21C, the State
Enviro~ental Policy Act, should mitigate any a~verse impacts
which might result because of the pro~se~ rezone~ an~
WHEREAS, the owners have in~i~teO willingness to cooperate
with the City of Bremerton to insure compliance with the
Bremerton Zoning OrOinance, anO all other local, State an~
federal laws relatin~ to the use and develo~ent of the property~
and
WHeEl, the City, in a~dition to civil an~ criminal
sanotions available by law, desires to enforce the rights an~
interests of the public by this concomitant a~reement~
8603 60073
NOW THERF~ORE, in the event the property located in the
center of the block described by the following streets: Schley,
Callahan, Fir and Magnuson, Bremerton, WA and more particularly
described as:
Parcel 9, Block 3 amended plat of the Fourth Addition
to Sheridan Park as recorded in Volume 9 of Plats at
Page 3, Records of Kitsap County, Washington.
is rezoned by the City of Bremerton from R-1 to R-2 and in full
consideration of the event should it occur, the owners do hereby
covenant and agree:
The design of the development sit~e shall contain
features which will mitigate th~%~pacts on public
facilities of both vehicular and pedestrian traffic
generated by the development. The owner voluntarily
agrees to provide either the effort or monies to
produce the design and construct the facilities tO the
satisfaction of the City Engineer.
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.
I £ t370 !
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.
7. This Agreement shall be binding on the heirs, assigns and
successors of the owner oft~¥roperty.
DATED this __~.~___ day of __~~.~_. , 1985.
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:
OWNE
Approved as to form:
ant CitlMAtto~ney
SUBSCRIBED AND SWORN to before me this ~_~_ day of~_~_-_,
1985.
at Bremerton.
8603260073 ~[[37~1t 514