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AN ORDINANCE amending the use and area maps of Ordinance
1792 upon application of rezone from R-1 to B-2 and subject
to various requirements and other applicable laws and
regulations. Nelson Rezone - 3930 Burwell Street.
WHEREAS, the City Council of the City of Bremerton has heard
testimony on the rezone of the property at 3930 Burwell St.,
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. 795;
NOW THEREFORE, THE CITY OF BREMERTON DOES HEREBY ORDAIN:
~Q~ll 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.'__
P~RCEL l: That portion of the Southeast Quarter of the Southwest Cuarter
o~ Section 15, Township 2~ North, Range 1 East, W.~. Described as follows:
Be.gin, fng at a point 660 feet South of the Northwest corner of said Southeast
Quarter of the Southwest Quarter; thence East 26n fe~t; thence North parallel
to the West line of. said Southeast Quarter of the Southwest Quarter, 165 feet;
thence Wemt 26a feet; thence South 165 feet to the point of beginning; EXCEPT
the East aO feet; EXCEPT Burwell Street; AND EXCEPT that portion thereof,
if any within National Avenue.
FARCEL 2: The South 100 feet of the following described tract: That portion
of the Southeast Quarter of the Southwest Quarter of Section 15, Township 2a North,
Range 1 East, W.M. Described as follows: Beginning at the Northwest corner of
said Southeast Quarter of the Southwest Quarter; running thence East 26d feet;
thence South ~95 feet; thence West 26d feet to the West boundary line of said
Southeast Quarter of the Southeast Quarter; thence North ~95 feet to the point
of beginning; EXCEPT National Avenue.
BE AND THE SAME HEREBY is reclassified from Residential One
(R-l) to Business Two (B-2) subject to the following conditions
as set forth in Section 2:
~9_~SD2A 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
Agreement, signed,,~z~ /~__, 1986, which is attached
hereto as Exhibit "A".
Approved by the City Council on the first reading this ·
~__~' ~ d ay o f _ ~ __~-~_/l. _, 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 _~___~L7~6~-' day of
1986.
ATTEST: FIRED FOR R~~-~~-MayOr~
KATHLEEN L. McCLUSKEY, Cle~p 2:~ i986:~,~:0~ E[392[H01G
8609230091
DEPUTY ':~'~..
_
Elt.~ FOR RE~R~
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 locatea at 3 93 0 Burwell Street, in Bremer ton,
Washington, which property is hereinafter more particularly
described, be rezonea from Residential One (R-l) to Business Two
(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 indicate~ willingness to cooperate
with the City of Bremerton to insure compliance with the
Bremerton Zoning Zoning Ordinance, an~ all other local, State and
~eQeral laws relating to the use an~ ~evelopment of the property;
an~
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;
86 0 9 ;~ 3 0 0 9 2 ~D. 392fl~lO1,9
NOW THEREFORE, in the event the property located at 3930
Burwell Street in Bremerton, WA and more particularly described
as:
PARCEL l: That portion of the Southeasc Quarter of the Southwest Quarter
of Section t5, Township 24 North, Range 1 East, W.M. Described as follows:
Beginning at a point.~60 ~eet South of the Northwest corner of said Southeast
Quarter of the Southwest Quarter; thence East 26a feet; thence North parallel
to the West line of- said Southeast Quarter of the Southwes~ Quarter, 165 feet;
thence West 26a fee~; thence South 165 feet to the point of beginning; EXCEPT
the East ~0 feet; EXCEPT Burwell Street; AND EXCEPT that portion thereof,
if any within National Avenue.
PARCEL 2: The Sou~h 100 feet of the following described Zr~ct: That portion
of the Southeast Quarter of the Southwesz Quarter of Seccion 15, Township 2a North,
Range ! East, W.M. Described as follows: Be~innin~ a~ the Northwest corner of
said Southeast Quarter of the Southwest Quarter; running thence East 26~ feet;
thence South a95 feet; thence West 26~ feet to the West boundary line of said
Southeast Quarter of the Southeast Quarzer; thence North ~95 feet to the point
of beginning; EXCEPT National Avenue.
is rezoneG by the City of Bremerton from Residential One (R-l) to
Business Two (B-2) and in full consideration of the event should
it occur, the owners do hereby covenant and agree:
that this property will be used for business and professional
offices or like uses, only. Also, that a buffer of natural
vegetation along National Avenue and the North property line be
maintained for the purpose of sound and sight protection.
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 the terms of this Agreement are declared to be severable.
2. This Agreement shall De recorded with the Kitsap County
Auditor, and any amendment or modifications of this Agreement
shall be valid only if mutually agreed upon by the City of
Bremerton and 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. ' .....
86 o O-. [['L'392FR 020
4. The City may, at its ~iscretion, bring a lawsuit to compel
specific performance o~ the terms ana conditions of this
Agreement.
5. Nothing in this Agreement shall De construed to restrict the
authority of the City to exercise its power to rezone the
property in future years.
6. The owners agree to inaemnify an~ save harmless the City of
Bremerton from and against all claims, suits, damages, costs,
losses and expenses in any manner resulting from, arising out
o~, or connected with the owners' negligent performance of or
failure to perform ~ully any terms or conditions o~ this
Agreement.
7. This Agreement shall be binding on the heirs, assigns and
successors o~ the owner o~ the property.
DATED t~is ____~2 day of ff"~~2~.~ ~/ ,1986.
The person(s) whose names are
subscribed herein ~o hereby
certify that they are the
sole holders o ~ fee simple
interest, in the above describe~
property:
OWNERS:
8609230092
L L392tr 102 i.
SUBSCRIBED AND SWORN to before me this ~z-/L~ i'"~ ~"
_ day of ~_r~)
1986.
NOTARY PUBLIC;~ in an~ far~.'{h.e .: .
State of Washington,,~ ,residing--~.."
at Bremerton. ~/' :" ~ ,>~"' .,~,
:- "3 ' "' '"';" ~''" 3 3
8609 30092
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