HomeMy WebLinkAbout4060 AN ORDINANCE amending the use and area maps of Ordinance
1792 upon application of rezone, from R-1 to R-2 and subject
to various requirements and other applicable laws and
regulations. (Francis)
WHEREAS, the City Council of the City of Bremerton has heard
testimony on the rezone of the property at 670 Sylvan Way,
Bremerton, Washington, and has reviewed the record and resolution
of the Bremerton Planning Commission;
NOW THEREFORE, THE CITY OF BREMERTON DOES HEREBY ORDAIN:
~Q~_~i: That the use and area maps of Ordinance No.
1792, are hereby amended in conformity with Title IV, Chapter 1
thereof, as follows:
PARCEL A ~
That portion of the West 4 .a~£es 0f~,~he' South half of the
Southwest quarter of the Northwest'q~A~er ~.pf the Southeast
quarter, Section 2, Townships24 North, 'Range 1 East, W.M.,
in Kitsap County, Washington, described aS follows:
Beginning at the intersection of the East margin of Pine
Road and the North margin of Sylvan Way; thence East along
the North margin of Sylvan Way, 300 feet thence North
parallel to the East margin of Pine Road, 135 feet to the
True Point of Beginning, thence North~ parallel to the East
margin of Pine Road to the North li~e of the South half of
the Southwest quarter of the Nerthwest quarter of the
Southeast quarter, said Section 2; thence West along said
North line to the last margin of Pine Road, thence South
along said East line to the South line of the North 30 feet
of said subdivision; thence East parallel to said North
line, 100 feet; thence South parallel to the East margin of
Pine Road to an intersection with a line parallel with the
North margin of Sylvan Way and West of the True Point of
Beginning; thence East 200 feet to the True Point of
Beginning.
PARCEL B
That portion of the West ~4 acres of the South half of the
Southwest quarter of the Northwest quarter of the Southeast
quarter, Section 2, Township 24 North, Range 1 East, W.M.,
in Kitsap County, Washington described as follows:
Beginning at the intersection of the East margin of Pine
Road and the North margin of Sylvan Way; thence East along
the North margin of Sylvan Way, 300 feet; thence North
parallel to the East margin of Pine Road, 135 feet; thence
West parallel to the North margin of Sylvan Way, 100 feet to
the True Point of Beginning; thence South, parallel to the
East margin of Pine Road 135 feet; thence West along the
North margin of Sylvan Way, 200 feet; thence North along the
East margin of Pine Road, 100 feet; thence East parallel to
the North margin of Sylvan Way 100 feet; thence North
parallel to the East margin of Pine Road, 35 feet; thence
East 200 feet to the True Point of Beginning.
86'09110068
PARCEL C
That portion of the West 4 acres of the South half of the
Southwest quarter of the Northwest quarter of the Southeast
quarter, Section 2, Township 24 North, Range 1 East W.M., in
Kitsap County, Washington, described as follows:
Beginning at the intersection of the East margin of Pine
Road and the North margin of Sylvan Way; thence East along
the North margin of Sylvan Way, 300 feet thence North
parallel to the East margin of Pine Road, 135 feet to the
True Point of Beginning; thence East parallel to the North
margin of Sylvan Way to the East line of the West 4 acres of
the South half of the Southwest quarter of the Northwest
quarter of the Southeast quarter said Section 2; thence
South along said East line to the North margin of Sylvan
Way; thence West along said North margin to a point 300 feet
East of the intersection of the East margin of Pine Road and
North margin of Sylvan Way; thence North 135 feet to the
True Point of Beginning.
PARCEL D
That portion of the West 4 acres of the South half of the
Southwest quarter of the Northwest quarter of the Southeast
quarter, Section 2, Township 24 North, Range 1 East, W.M.,
in Kitsap County, Washington, described as follows:
Beginning at the intersection of the East margin of Pine
Road and the North margin of Sylvan Way, thence East along
the North margin of Sylvan Way 300 feet thence North
parallel to the East margin of Pine Road, 135 feet to the
True Point of Beginning; thence continuing North to the
North line of the West 4 acres of the South half of the
Southwest quarter of the Northwest quarter of the Southeast
quarter, said Section 2, thence East along said North line
to the Northeast corner of said subdivision to a ~int on a
line East of the True Point of Beginning and parallel with
the North margin of Sylvan Way; thence West to the True
Point of Beginning.
BE AND THE SAME HEREBY is reclassified from Residential 1
(R-l) to Residential 2 (R-2) subject to the following conditions
set forth in Section 2:
~Q~[Q~__2: That the following r~uirement and other
applicable laws and regulations shall apply to the property
rezoned by this Ordinance and Ordinance No. 1792:
That the density of future development be limited to twenty
units per acre.
PPR~ED b~e City Coun?~l o3 the first reading this
..... ,
PASSED bY/~%he/~ity Council Of the City of Bremerton,
Washington, si~ned ~ the Mayor and attested by the City Clerk in
a~ntication o ~9~ch passage this _~_~- day of
ATTEST:
KATHLEEN L. McCLUSKEY, Clerk
86O911O068
FRANCIS
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 Council has approved the rezone of the
property located at 670 Sylvan Way, in Bremerton, WA, which is
hereinafter more particularly described, from Residential 1
(R-l) to Residential 2 (R-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
WHEREAS, the City, in addition to civil and criminal
sanctions available by law, desire to enforce the rights and
interests of the public by this concomitant agreement;
86091100.68. EE1391FR 127
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.
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 wSth the owners' negligent performance of or
failure to perform fully any terms or conditions of this
Agreement.
8609110068' 128
NOW THEREFORE, in the event the property located at 670
Sylvan Way, in Bremerton, WA and more'particularly described as:
PARCEL A
That portion of the West 4 acres of the South half of the
Southwest quarter of the Northwest quarter of the Southeast
quarter, Section 2, Township 24 North, Range 1 East, W.M.,
in Kitsap County, Washington, described as follows:
Beginning at the intersection of the East margin of Pine
Road and the North margin of Sylvan Way; thence East along
tile North margin of Sylvan Way, 300 feet thence North
parallel to the East margin of Pine Road, 135 feet to the
True Point of Beginning, thence North, parallel to the East
margin of Pine Road to the North line of the South half of
the Southwest quarter of the Northwest quarter of the
Southeast quarter, said Section 2; thence West alon9 said
North line to the last margin of Pine Road, thence South
along said East line to the South line of the North 30 feet
of said subdivision; thence East parallel to said North
line, 100 feet; thence South parallel to the East margin of
Pine Road to an intersection with a line parallel with the
North margin of Sylvan Way and West of the True Point of
Beginning; thence East 200 feet to the True Point of
Beginning.
PARCEL B
That portion of the West 4 acres of the South half of the
Southwest quarter of the Northwest quarter of the Southeast
quarter, Section 2, Township 24 North, Range 1 East, W.M.,
in Kitsap County, washington described as follows:
Beginning at the intersection of the East margin of Pine
Road and the North margin of Sylvan Way; thence East along
the North margin of Sylvan Way, 300 feet; thence North
parallel to the East margin of Pine Road, 135 feet; thence
West parallel to the North margin of Sylvan Way, 100 feet to
the True Point of Beginning; thence South, parallel to the
East margin of Pine Road 135 feet; thence West along the
North margin of Sylvan Way, 200 feet; thence North along the
East margin of Pine Road, 100 feet; thence East parallel to
the North margin of Sylvan Way 100 feet; thence North
parallel to the E~st margin of Pine Road, 35 feet; thence
East 200 feet to the True Point of Beginning.
8609110068 R[[[3911FR 129
PARCEL C
That portion of the West 4 acres of the South half of the
Southwest quarter of the Northwest quarter of the Southeast
quarter, Section 2, Township 24 North, Range 1 East W.M., in
Kitsap County, Washington, described as follows:
Beginning at the intersection of the East margin of Pine
Road and the North margin of Sylvan Way; thence East along
the North margin of Sylvan Way, 300 feet thence North
parallel to the East margin of Pine Road, 135 feet to the
True Point of Beginning; thence East parallel to the North
margin of Sylvan Way to the East line of the West 4 acres of
the South half of the Southwest quarter of the Northwest
quarter of the Southeast quarter said Section 2; thence
South along said East line to the North margin of Sylvan
Way; thence West along said North margin to a point 300 feet
East of the intersection of the East margin of Pine Road and
North margin of Sylvan Way; thence North 135 feet to the
True Point of Beginning.
PARCEL D
That portion of the West 4 acres of the South half of the
Southwest quarter of the Northwest quarter of the Southeast
quarter, Section 2, Township 24 North, Range 1 East, W.M.,
in Kitsap County, Washington, described as follows:
Beginning at the intersection of the East margin of Pine
Road and the North margin of Sylvan Way,' thence East along
the North margin of Sylvan Way 300 feet thence North
parallel to the East margin of Pine Road, 135 feet to the
True Point 'of Beginning; thence continuing North to the
North line of the West 4 acres of the South half of the
Southwest quarter of the Northwest quarter of the Southeast
quarter, said Section 2, thence East along said North line
to the Northeast corner of said subdivision to a point on a
line East of the True Point of Beginning and parallel with
the North margin of Sylvan Way; thence West to the True
Point of Beginning.
is rezoned by the City of Bremerton from R-1 to R-2 and in full
consideration of ~he event should it occur, the owners do hereby
covenant and agree:
That the density .of future development be limited to twenty
units per acre.
8609110068 E[t39:I. FR 130
FRANCIS
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 Council has approved the rezone of the
property located at 670 Sylvan Way, in Bremerton, WA, which is
hereinafter more particularly described, ~rom Residential 1
(R-l) to Residential 2 (R-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
WHEREAS, the City, in addition to civil and criminal
sanctions available by law, desire to enforce the rights and
interests of the public by this concomitant agreement;
, EEt 91FR
86o9 i I(1'068
1~ In the evel. at any term or claur 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
Ag r eement.
4. The City may, at its discretion, bring a'lawsuit to compel
specific performance of the terms and conditions of this
Ag r eement.
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 w~th the owners' negligent performance of or
failure to perform fully any terms or conditions of this
Agreement.
8609110068 t E[t391F 132
NOW THEREF6. 4, in the event the pro rty located at 670
Sylvan Way, in Bremerton, WA and more'particularly described as:
PARCEL A
That portion of the West 4 acres of the South half of tile
Southwest quarter of the Northwest quarter of the Southeast
quarter, Section 2, Township 24 North, Range 1 East, W.M.,
in Kitsap County, Washington, described as follows:
Beginning at the intersection of the East margin of Pine
Road and the North margin of Sylvan Way; thence East along
the North margin of Sylvan Way, 300 feet thence North
parallel to the East margin of Pine Road, 135 feet to the
True Point of Beginning, thence North, parallel to the East
margin of Pine Road to the North line of the South t~alf of
the Southwest quarter of the Northwest quarter of the
Southeast quarter, said Section 2; thence West along said
North line to the last margin of Pine Road, thence South
along said East line to the South line of the North 30 feet
of said subdivision; thence East parallel to said Nortl~
line, 100 feet; thence South parallel to the East margin of
Pine Road to an intersection with a line parallel with the
North margin of Sylvan Way and West of the True Point of
Beginning; tllence East 200 feet to the True Point of
Beginning.
PARCEL B ..
That portion of the West 4 acres of the'South half of the
Southwest quarter of the Northwest quarter of the Southeast
quarter, Section 2, Township 24 North, Range 1 East, W.M.,
in Kitsap County, Washington described as follows:
Beginning at the intersection of the East margin of Pine
Road and the No[th margin of Sylvan Way; thence East along
the North margin of Sylvan Way, 300 feet; thence North
parallel to the East margin of Pine Road, 135 feet; thence
West parallel to tile North margin of Sylvan Way, 100 feet to
the True Point of Beginning; thence South, parallel to the
East margin of Pine Road 135 feet; thence West along the
North margin of Sylvan Way, 200 feet; thence North along the
East margin of Pine Road, 100 feet; thence East parallel to
the North margin of Sylvan Way 100 feet; thence North
parallel to the E~st margin of Pine Road, 35 feet; thence
East 200 feet to the True Point of Beginning.
86091 !'0068 'i'ift391 l 133
PARCEL C
That portion of the West 4 acres of the South half of the
Southwest quarter of the Northwest quarter of the Southeast
quarter, Section 2, Township 24 North, Range 1 East W.M., in
Kitsap County, Washington, described as follows:'
Beginning at the intersection of the East margin of Pine
Road and the North margin of Sylvan Way; thence East along
the North margin of Sylvan Way, 300 feet thence North
parallel to the East margin of Pine Road, 135 feet to tl~e
True Point of Beginning; thence East parallel to the North
margin of Sylvan Way to the East line of the West 4 acres of
the South l]alf of tl~e Southwest quarter of the Northwest
quarter of the Southeast quarter said Section 2; thence
South along said East line to the North margin of Sylvan
Way; thence West along said North margin to a point 300 feet
East of the intersection of the East margin of Pine Road and
North margin of Sylvan Way; thence North 135 feet to the
True Point of Beginning.
PARCEL D
That portion of the West 4.acres of the South half of the
Southwest quarter of the Northwest quarter of the Southeast
quarter, Section 2, Township 24 North, Range 1 East, W.M.,
in Kitsap County, Washington, described as follows:
Beginning at the intersection of t~e East margin of Pine
Road and the North margin of Sylvan Way,.' thence East along
the North margin of Sylvan Way 300 feet thence North
parallel to the East margin of Pine Road, 135 feet to the
True Point 'of Beginning; thence continuing North to the
North line of the West 4 acres of the South half of the
Southwest quarter of the Northwest quarter of the Southeast
quarter, said Section 2, thence East along said North line
to the Northeast corner of said subdivision to a point on a
line East of the True Point of Beginning and parallel with
the North margin of Sylvan Way; thence West to the True
Point of Beginning.
is rezoned by the City of Bremerton from R-1 to R-2 and in full
consideration of ~he event should it occur, the owners do hereby
covenant and agree:
That the density of future development be limited to twenty
units per acre.
1.1"0068 , E£t39 lF 1,34
7.the This property., agreement shall be binding on the heirs, assigns and successors of
DATED this 2~~ 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:
On this ~ .... oay of _~~.~_ , A.D. 1~,
before me, the ~der~igned, a Notar~ Puolic in and for the
State of _~~~ , .~ ..... , ~ly ~issione~ and
sworn personally app~e~ ~~~ ~
~~_ - .......
to me known to be the in~ivioual~_ Oescribe~ in an~ who
executed the foregoing instument, and acknowledged to me that
~he_~ signeo an~ seale~ the said instument as_~_ free
an~ Voluntary act and deed for the uses and purposes therein
mentioned
WITNESS my han~ and official seal hereto affixed the oay
an~ year in t~is certificate above written.
FILED FOR RECORD
REQ. OF TICOR TITLE INSURANCE SEP ! ~ 198~/~ JJ;J~
SHERR~L HUFF
Approved as to form: KITSAi~ COUNTY AUDITOR
ss~sta~ C~Y'ACCo~ne7 ~
8609110068