HomeMy WebLinkAbout3105 '. ~' ORDINANCE NO.
AN ORDINANCE amending the use and area
maps!aCcording to Ordinance No. 1792.
(Schmldt & O'Day rezone)
THE CITY OF BREMERTON DOES ORDAIN:
~ SECTION 1: That the use and area maps of Ordinance No. 1792
~ be and they hereby are, amended in conformity with Title IV,
· ~ "Chapter 1 thereof as follows:
Property commonly known as 342 Bertha, more particularly
described as follows:
That portion of the southeast quarter of the southwest
quarter of Section 15, Township 24 North, Range 1 East,
W.M. described as follows: BEGINNING at a point which
lies North 0°10'38'' East 667.07 feet and North 89°47'01''
West 329.27 feet from the quarter corner on the South
boundary of said Section 15; thence North 0°17'10`' East
333.46 feet to the true point of beginning; thence
continuing North 0°17'10'' East 166.73 feet, more or
less, to the southeast corner of that certain tract of
land conveyed to Arthur F. Beyer and Grace M. Beyer, his
wife, by Deed recorded under Auditor's File No. 502062;
thence along the South line of said Beyer Tract North
89048'02'' West 205.45 feet, more or less, to the east
margin of Bertha Avenue; thence along said east margin
South 0°13'25'' West 166.71 feet, more or less, to the
no~th line of that certain tract of land conveyed to
Gerald L. Booth and Kay F. Booth, his wife, by Deed
recorded under Kitsap County Auditor's File No. 913820;
thence along the north line of said Booth Tract
South 89°47'42~' East 205.27 feet, more or less, to the
true point of beginning; EXCEPT that portion, if any,
lying within the north 345 feet of the east one-half
of the northeast quarter of the southeast quarter,
southwest quarter of said Section 15; Situate in
Kitsap County, Washington.
be and the same hereby is reclassified from Residential-One(R-l)
to Residential-Two (R-2) for two six-plexes according to
site plan and Land Use Restrictions attached hereto and made
a part hereof by this reference.
AP~VED.~y the City Council on the first reading
on ~s~ ~y~of February, 1974.
/~'?~A~SE~ b~% City Council of the City of Bremerton, signed
~Y~e ~a~r3a~n~_%~t~ested by the City Clerk in authentication of
~!~?h~;pa~sage~th~ day of February, 1974.
yor -
PAUL~A. SC}P4ID'P and GEORGE P. O'DAY, as the o~ers of the follow-
. ..s(.rlo(~d property, for the consideration of. tho rezoning of sa~d
proDerty from "R-i" Sin(jle Family and Duplex District to an "R-2" Multi-
family O~'~rJ.ct, do hereby covenant and agre~ that the land of the real
proDorty situated [n the City of Bremerton, County of Kitsap, Washington
That .,z~'-' '~e~,~ ~f tho Southeast quarter of the Southwest quar~
S,2ct~,o~ i'5, '~'ow~'~z~nj[) 24 North, Range 1 East W.M. (]escri]~e~-',
l:'b 1..].< ,w~<: ' '
J>e~.,J ::: :,],'~ au ,~ point which lies Nor'th 0°19' 38" Esst
Ce,_,u. o:,,=~ N,.,~-I:~ ~1<~'"'~;''0:" west 329.27 feet from the quarto:
o]~ L'{,c. :.',:2U[i: boun::ary of i;~iid Ooc'tJ. on 15; thence North O°l.Y':O''
IU;',.~: 23'-,..i,', :,.,,,~. <:o th~: true point of beginning:
u~.~:"~r::',c c<',~'~, :~uin~ ]~o:tn 0°17,10" East 166.73 feet, more or ]e:.~s, to
[.b~ ~,ouuh~:,::~:{ cor~ of ~J]at certain tract of land convoyed to
Ar l'.~:,.,;: F_ :~<~:f<:r .,r,,: Grace.M. Beyer, his wife, by Deed recorded
u,.~d,.c~: Au~iito'.: ' ~: Vi le ~;o. 502062:
th~,~ce :~ionq the South :ins of said Beyer Tract North 69o48,02,, West
20:,.~5 ;:,',,~t, ~:>~ or .less, to the East margin of Bertha Avenue:
t]-:~c,.> ar<, ::-: .-<aJ. cJ E~st margin South 0°13'25" West .~66.71 i. ee:, more
or {.co:. to t:h~ ~{o:tl{ lJ;Je of that certain tract of land cor~veyed
to G,.~:'~],_, L. Booth and Kay F. Booth, his wife, by deed recorded
tilde: ,~t?Ci2. t '~r':: File NO. 913820:
tbenc'~2 alonq the
~,.~.tn line of said Booth Tract South 89o47,42-
Eas',z 205.27 'fo~t, more or less, to the true point of beqinning;
~ ....... ,.r. t~-,at ;~','~:t i os, if any, lying within the North 345 fe~t
· t]~o ~:,:~sh ~ol fo]. tr, e Northeast quaruer of the Southeast qu~¥cer,
South~,,~;,: ~,~drteu of said Section 15~
shall b~ restricted ~o tbs following particulars, n~ely:
1. That. hh~ development of said ~roperty ~ essentially the s~e as
the site plan subu~.itted for the rezone application, a copy of which is
attached hereto and dated. '
2. That ~2]~ere be no more than'12 d~lling units located on said
property.
3. That the landowner covenants and agrees that the easterly 90
feo; of said p~'operty sh~ll remain in its natural state and no
men~ maoe thereon so long az~ the units se= o~t in the site plan exist
upon the total r(~zone ~rea.
4. That a la~dscaDe screen, to include shrubs and ~rees, ~ crea~ed
alon~ th,~ front pro~(>rty 1 [~e, with the exception of two 20 f~ drive-
waym. (See ~lan view on attached si~e ~lan. )
5. That the restrictions and obligati~ ~rein impos~ are
the ~nefit of th, City of Bremert~, a municipal cor~rati~, and for
all the property o~ers adjacent to said pretty herei~a~ve ~escrl~
and lying within 250 feet of the ~ndaries of the la~ and ~y ~
enforced by said parties as covenants running with the land These
covenants shall '
be binding u~n ~he said owner~, their heirs, exlcu~orl,
sucoessors and assigns.
6. In the event that the City or an adjoini~g land~e~ withi~
250 feet of the pro~rty condense suit to enfo.~oe anV of the a~ve
coveaan~m and agreement and relief ia 'granted :~~[ial[y in accords'
ance with the claim, the developers a~ee ~o ~y all coe~ incurred and
a re~able s~ for attorney's fees. . ,~x
-., "
..... ~,- ,
.iici Use 'Renl:r~.cl:ions (cont'd,)
· '; .~CHMi. DT/O' DA~J REZONE '- -2~
Dated tl'~J.s <, I'~ day of-~ ~.,.~ ]974,
. ~.L ....... - ........ -
I, iht urd,'~z~;[,an,?d, a ;~ot..ary Public in and for the State of Washington j,:
,--, . day of 1974,
--~-~ ~' . ~_~, ~k%- . and _ _
(',~,~¢ .... --,,,0['~ ( , ~'~,:,. i- ~-.o me' known to be the in4Xviduals descried in
and who executed the foceqoing instrument, and ackmo~ledged that they
sJ. or~:-'d a .:~ ::~(:~',3ed th,'3 se~me as their free a~d voluntary act and deed .for
t:l'~e use[~ and .?].rpo,~es therein mentioned.
Gi~on un~]o]: my hand and official seal the day and year last a~oqe
written ~ 7.'~
S%ate of Washington,
at
t.~, ,