HomeMy WebLinkAbout4027 FILED FOR RECORD
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O~DZN~C~ ~me~d~n9 ~e u~e ~d ~[e8 m~g8 o~ O[d~8~ce upon ~gp~cs~on o~ [ezo~e 5~om ~Z ~o B2 ~nd ~ub~ee~ ~o
WHEREAS, the City Council of the City of Bremerton has heard
testimony on the rezone of the property at (address), 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. 750;
NOW THEREFORE, THE CITY OF BREMERTON DOES HEREBY ORDAIN:
~_ECT_~O_N___i: That the use and area maps of Ordinance No.
1792, are hereby amended in conformity with Title IV, Chapter 1
thereof, as follows:
Subject property:
Charleston addition, Block 009 (3732-009) Lots 002-00
through 012 and Lots 035 through 041.
BE AND THE SAME HEREBY is reclassified from Residential 1
(R1) to Business 2 (B2).
APPROVED by the City Council on the first reading this 5th
day of March 19 86.
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 19. day of March 1986.
e', Mayor
ATTEST: ~>~'
KATHLEEN L. McCLUSKEY, Clerk
[[[370F515
8503Z600 ? 4 '
_ FOR RECORD
CONCOMITANT ZONING AGREEMENT i;~;'::',.~
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
~^~HE~E~S,... .. .. tke cwne~~~ cf certain ~r~.,_ope~tv- _ 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 North of Kitsap Way on the West side of
Marine Drive (just North of "Familian" Plumbing Supplies),
Bremerton, Washington, which property is hereinafter more
particularly described, be rezoned from Residential 1 (R-l) to
Business 1 (B-l); 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
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;
8tiI 3260078 EEI370F 519
NOW THEREFORE, in the event the property located North of
Kitsap Way on the West side of Marine Drive (just North of
"Familian" Plumbing Supplies), Bremerton, Washington, and more
particularly described as:
Beginning at a point North 0.07'02" East 745.97 feet
from the southwest corner of the southeast quarter of
the Northwest quarter of Section 15, Township 24 North,
Range 1 East, W.M., in Kitsap County, Washington, and
running thence North 47.39'50" East 241.64 feet to
Westerly Margin of Lateral Highway No. 5, thence
following said Highway North 42.10'10" West 250 feet,
thence South 47.39'50" West 12.93 feet~ thence South
0.07'02" West 338.83 feet to point of beginning.
is rezoned by the City of Bremerton from R-1 to B-1 and in full
consideration of the event should it occur, the owners do hereby
covenant and agree:
a. The site shall be developed for and used as medical or
professional offices only.
b. A storm water detention system approved as to design by
the City Engineer shall be installed on the subject site
in conjunction with the development mentioned in
condition 1, above.
c. The development mentioned in item 1 above, shall be
connected to the Bremerton Sanitary Sewer System.
d. The site shall use lighting which does not illuminate
residentially used property.
e. The owner of the subject property shall participate to
an equitable extend in the construction or funding of
right-of-way improvements related to the development
mentioned in condition 1 above, as determined by 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.
[[1370F 520
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.
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.
521
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:
Approved as to form:
Assistant Cit t
SUBSCRIBED AND SWORN to before me this day of - - ,
1985.
NOTARY PUBLIC, in and for the
State of Washington, residing
at Bremerton.
8603;36i'307 r i t$701:t{ ,522