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HomeMy WebLinkAbout1032454 ZONING RECLASSIFICATION THIS AGREEMENT made and entered on the ?~ ~day of 1972 by and between the City of Bremerton, a municipal corporation, hereinafter referred to as CITY, and Ronald R. Ross and Lillian N. Ross, his wife, hereinafter referred to as ROSS, WHEREAS, ROSS has applied to CITY for the rezoning of certain real property under Application for Zoning Reclassifi- cation, a copy of which is attached hereto and incorporated herein b~y reference as though fully set forth, and WHEREAS, CITY is not willing to grant said rezone except with ROSS' agreement hereto, which said compromise agreement was reached with participation of CITY, ROSS and some of the interested citizens in the vicinity,NOW THEREFORE, IN CONSIDERATION of the mutual covenants and agreements herein contained, it is hereby stipulated and agreed by and between these parties as follows: 1. CITY shall rezone to a B-3 classification according to City of Bremerton Zoning Ordinance, the following described real proeprty: That portion of the Southwest quarter of the Northwest quarter of Section l, Township 24 North, Range i East, W.M., described as follows: Beginning at point which is South 88°22'39'' East 150.02 feet from the Northwest corner of said Southwest qaarter of the Northwest quarter; thence continue South 88e22'39'' East 49?.40 feet; thence South ~°32'28" West, along the Westerly margin of Maple Avenue, a distance of 115.06 feet to the Northerly margin of Hollis Street; thence Westerly along said Northerly margin to a point which is South ~°51'40" West from the point of beginning, thence North ~51'40" East to point of beginning, hereinafter referred to as PROPERTY. I EEt. 3 1544 2. ROSS shall ~rant and convey to CITY the followin~ describer] re~l property, by Ou~t Claim Deed: The East 40 feet of the followffng described property: That portion of the Southwest ~uarter of the Northwest 9uarter of Section 1, Township 24 North~ Range 1 East, W.M., described as follows: Beglnnin~ at a point which 1ssouth 88°22'~0'' East 150.02 feet from the Northwest corner of sa~d Southwest ~ua~of the ~orthwest quarter~ thence co~t']ntHr:?/~'~'70" Eant 407.~a ~t [~, thence South 3°32'2~'' West, along the Westerly margin of ~s~]e Avenue a distance of 115.o6 feet .~' to the Norther]~ margin of ~:o]]is Street' thence Westerly ~]on~ said Northerly msr~n to a oo~nt whlch is Sout~ 3°51'40" West from the point beglnnffn~ thence north 3°5]'40'' East to point of bec~nm~n~ EXCEP~ING ~[EPEFROM thst port,on off the northeast corner of the above ~lesnrlbed rea] property ]y~n~ to the North and East of circular m~rve tnn~emt to the Uorth and Ernst sides of said property and having a rad~us off Worty (ilO.0) Feet. PROVIDED, CITY shall use said property for purposes of a park of general beautification. In such event as City uses sald property for any other purpose, 2t shall revert to uOSF~ theft: heirs, successors or assigns. 3. CITY shall survey and mark the exterlor boundary [l~nes of PROPERTY as described in Paragraph 2. 4. ROSS shall covenant never to utilize the l.!e::terly 200 feet of PROPERTY, as descrffbed prior to conveyances provided in Paragraph 2, for consumption of alcoholic beverages, on the prem~ses. 5. ~0SS shall be nermitted to constrmct buildings up to the Easterly boundary of the pronerty here provided to be conveyed ~n paragraph 2, ~t being the ourpose of said conveyance to provide in and of itself a set back of commercial buildings from Maple Street~ sn~i s ~buffer~ between properties zoned B-Z and those zoned ~-1. No further set-back, other than the re- linquishment of title to the Easterly 40 feet of PROPERTY, w~th exceptions, as provided fin paragraph 2, shall be resu~re~, and if any such further set-back be imposed, the afore-described property to be conveyed nursuant to paragraph A hereinabo~e shall revert to ROSS, their heirs, successors or assigns. IN'WITNESS WITEREOF, the parties hereto have hereunto set their hands and seals the day and year in this instrument first above Written. ~ / / i./ CITY OF BREMERTON STATE OF WASHINGTON% ~, COUNTY OF KIT~AP ) On this d~y personally ~ppe~red before me RONA~'~; '~S ~nd LILLI~ N. ROSS, his wife, to me kn~ to be the individuals des- cribed in ~nd ~ho executed the within ~nd fore~olnD instr~ent, and ~cknowled~ed that they si~ned the s~e ~s their free ~nd vol~t~ry ~ct ~nd deed for the uses ~nd purposes therein mentioned. ~de~ my h~d ~d official seal ~hIs /7 day of~, 1972. N~ary F~lid ~n of Was~gton, r%~ding~~&~ . STATE OF WASHING~N) : SS. COUNTY OF ) On this day personally appeared before me Sl~nn Mayor and G.G. Yeadon, Sr., City Clerk IMavor and Cit~ Clerk, respectively, to be the ~t~ descrt~d in and who executed the within ~d _ . ./on a~tho~itvof the ~tV. Gouncil, foregoing ~ns=~umen~, ~ acknowledged ~na~ they signed the s~e as their free ~d vol~tary act and deed for the use~ and purposes there- in mentio~ed. '"~ ~ ~ 1972. GI~N unde~ m~ hand and official seal this 19%h ~' ' : ~;; 3 Washington, resi g at ,~ ~ :ts~ :~ r,n, Ft hereof as If the spree e:~,~ been i},~:T'(r!:,~) ~ ~' the C~t? Council on the e{rst Peso?n{~ ~his ~ ']' ~ Nv !} e 'aVon and attested by the City CJ,erk ~rl authentics, tlo~ ..... ' ~ ' AgS~N M. C~, ~YO .~.. f :'" . ~ .... TO