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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