1280 - Ordinance - Amending Area Maps RE Ordinance No. 1163 with Granquist Construction Company on Bethel RdORDINANCE NO. 1280
AN ORDINANCE OF THE CITY OF PORT ORCHARD
AMENDING THE USE AND AREA MAPS OF
ORDINANCE NO. 1163: RECLASSIFYING CERTAIN
PROPERTY (Granquist Construction Company,
owner of record) on Bethel Road
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD
DOES ORDAIN AS FOLLOWS:
Section 1. THAT the use and area maps of
Ordinance No. 1163, be and hereby are amended (as petitioned
by Granquist Construction Company, owner of record) to
conform with Chapter as follows:
Legal Description: Attached
be and the same is hereby classified from Residential -Low
to Commercial General subject to the following conditions:
That agreements, concomitant with the rezone,
be signed and recorded, securing to the City the
right to construct ans assess for; a sewermain,
watermain with hydrants and road improvements
needed to mitagate the impacts of the commercial
development.
2. Property development subject to compliance with
city ordinance regarding access
3. Property owner participate in two-way left turn
lane construction for area.
PASSED by the City Council and APPROVED by the
Mayor this 23rd day of July, 1984.
`LESLIE AEATHERILL, MAYOR
ATTEST:
R. G. Lloyd, Cit Clerk
APPROVED AS TO FORM:
City Attorney
ATTACHMENT
LEGAL DESCRIPTION: SECTION 36, TOWNSHIP 24 NORTH, RANGE
01 EAST, W_M., THAT PORTION OF THE SOUTHWEST I OF THE NORTHWEST
DEFINED AS FOLLOWS:
BEGINNING ON A POINT ON THE WEST MARGIN OF MITCHELL ROAD, WHICH
IS SOUTH 0008'17" EAST 1330.97 FEET & SOUTH 89019' EAST 715.00 FEET FROM
THE NORTHWEST CORNER OF SAID SECTION 36; THENCE FOLLOW THE WEST
MARGIN OF MITCHELL ROAD IN A SOUTHWESTERLY DIRECTION A DISTANCE
OF 814.71 FEET TO THE NORTHEAST CORNER OF PROPERTY DEEDED TO SOUTH
KITSAP DEVELOPMENT COMPANY, BY DEED RECORDED UNDER AUDITOR NO.
604790; THENCE NORTH 89°19' WEST 225.00 FEET ALONG THE NORTH LINE OF
SAID PROPERTY TO THE NORTHWEST CORNER THEREOF; THENCE CONTINUING
NORTH 89019'WEST 200 FEET, MORE OR LESS, TO THE EASTERLY MARGIN OF
STATE ROAD NO. 14; THENCE SOUTHEASTERLY ALONG SAID EASTERLY MARGIN
225 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°19' EAST
143 FEET; THENCE NORTH 75 FEET; THENCE SOUTH 89°19' EAST 39 FEET, MORE
OR LESS, TO A POINT ON A LINE WHICH LIES PARALLEL TO AND 225 FEET
WEST OF THE WEST MARGIN OF MITCHELL ROAD; THENCE SOUTHWESTERLY
PARALLEL TO AND 225 FEET WEST OF THE WEST MARGIN OF SAID MITCHELL
ROAD TO THE NORTH LINE OF THAT PROPERTY CONVEYED TO JOHN TEGSTROM
AND MARGUERITE TEGSTROM, HIS WIFE OF DEED RECORDED UNDER AUDITOR'S
FILE NO. 669271; THENCE NORTH 89°19' WEST ALONG THE NORTH LINE OF
SAID TEGSTROM TRACT 160 FEET, MORE OR LESS, TO THE EASTERLY MARGIN
OF STATE ROAD NO. 14; THENCE NORTHERLY ALONG SAID EASTERLY MARGIN
OF STATE ROAD NO. 14, A DISTANCE OF 125 FEET, MORE OR LESS, TO THE
TRUE POINT OF BEGINNING. (SAID PROPERTY BEING DESIGNATED AS A PORTION
OF LOT B OF SHORT PLAT NO. 1433 RECORDED MARCH 7, 1978 UNDER AUDITOR'S
FILE NO. 7803070145).
CONCOMITANT AGREEMENT
FOR ZONE RECLASSIFICATION
THE PURPOSE OF THIS AGREEMENT IS TO PERMIT A COMMERCIAL
DEVELOPMENT AND AT THE SAME TIME TO SECURE TO THE CITY THE RIGHT
TO CONSTRUCT AND ASSESS FOR PERMANENT SEWERMAIN, WATERMAIN WITH
HYDRANTS AND ROAD IMPROVEMENT NEEDED TO MITIGATE THE IMPACT OF
THE COMMERCIAL ZONING..
THE CITY OF PORT ORCHARD, a municipal corporation located within
Kitsap County, hereinafter called "City" and GRANQUIST CONSTRUCTION COMPANY,
hereinafter called "owner," agree as follows:
The consideration for this agreement is the adoption by the City of Ordinance
No. 1280 which approves a rezone to commercial general, as recommended by the
Port Orchard Planning Commission pursuant to Planning Commission Resolution #041-84,
approved on 18 June 1984. Application # R-1043 and all supporting documents contained
therein is incorporated within this aqreement as the supporting data for the action
taken by the City. In the event any conflict between the terms of this agreement
and representations of conclusions contained in the resolution as approved and/or
related materials, should arise, the terms of this agreement shall be controlling.
LEGAL DESCRIPTION; SECTION 36, TOWNSHIP 24 NORTH, RANGE
01 EAST, W.M., THAT PORTION OF THE SOUTHWEST ',- OF THE NORTHWEST
DEFINED AS FOLLOWS:
BEGINNING ON A POINT ON THE WEST MARGIN OF MITCHELL ROAD, WHICH
IS SOUTH 0008'17" EAST 1330.97 FEET & SOUTH 89019' EAST 715.00 FEET FROM
THE NORTHWEST CORNER OF SAID SECTION 36; THENCE FOLLOW THE WEST
MARGIN OF MITCHELL ROAD IN A SOUTHWESTERLY DIRECTION A DISTANCE
OF 814.71 FEET TO THE NORTHEAST CORNER OF PROPERTY DEEDED TO SOUTH
KITSAP DEVELOPMENT COMPANY, BY DEED RECORDED UNDER AUDITOR NO.
604790; THENCE NORTH 89019' WEST 225.00 FEET ALONG THE NORTH LINE OF
SAID PROPERTY TO THE NORTHWEST CORNER THEREOF; THENCE CONTINUING
NORTH 89019'WEST 200 FEET, MORE OR LESS, TO THE EASTERLY MARGIN OF
STATE ROAD NO. 14; THENCE SOUTHEASTERLY ALONG SAID EASTERLY MARGIN
225 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89019' EAST
143 FEET; THENCE NORTH 75 FEET; THENCE SOUTH 89019' EAST 39 FEET, MORE
OR LESS, TO A POINT ON A LINE WHICH LIES PARALLEL TO AND 225 FEET
WEST OF THE WEST MARGIN OF MITCHELL ROAD; THENCE SOUTHWESTERLY
PARALLEL TO AND 225 FEET WEST OF THE WEST MARGIN OF SAID MITCHELL
ROAD TO THE NORTH LINE OF THAT PROPERTY CONVEYED TO JOHN TEGSTROM
AND MARGUERITE TEGSTROM, HIS WIFE OF DEED RECORDED UNDER AUDITOR'S
FILE NO. 669271; THENCE NORTH 89019' WEST ALONG THE NORTH LINE OF
SAID TEGSTROM TRACT 160 FEET, MORE OR LESS, TO THE EASTERLY MARGIN
OF STATE ROAD NO. 14; THENCE NORTHERLY ALONG SAID EASTERLY MARGIN
OF STATE ROAD NO. 14, A DISTANCE OF 125 FEET, MORE OR LESS, TO THE
TRUE POINT OF BEGINNING. (SAID PROPERTY BEING DESIGNATED AS A PORTION
OF LOT B OF SHORT PLAT NO. 1433 RECORDED MARCH 7, 1978 UNDER AUDITOR'S
FILE NO. 7803070145).
The City and Owner agree that this consideration running to the Owner
is to permit commercial development of their property in return for which they agree
that "no protest" will be made by them against the construction of or assessment
of cost for; permanent sewermain, watermain with hydrants and road improvements
when necessary to serve the property described. This agreement is also a covenant
running with the land, binding upon the parties, their heirs and assigns, "until permanent
sewermain, watermain and road improvements, to serve the above described property
have been constructed and the assessment roll(s) therefor certified to the City Treasurer
for collection" have been collected.
This agreement shall be filed for record with the Kitsap County Auditor
and shall be a covenant running with the land and binding upon the owners, and their
successors or assigns.
It is agreed that damages are an inadequate remedy and that the City
may seek equitable relief to enforce this agreement. In the event legal proceedings
to enforce this agreement are commenced, the Owner agrees that the City shall
be entitled to recover its reasonable cost and attorneys fees incurred in such action.
DATED this day of
GRANQUIST CONSTRUCTION CO.
ner
ner
CITY OF PORT ORCHARD
By:
Leslie J. Weatherill, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CONCOMITANT AGREEMENT
FOR ZONE RECLASSIFICATION
THE PURPOSE OF THIS AGREEMENT IS TO PERMIT TEMPORARY PRIVATE
SEWERAGE DISPOSAL SYSTEM (SEPTIC TANK) AND AT THE SAME TIME TO SECURE
TO THE CITY THE RIGHT TO CONSTRUCT AND ASSESS FOR PERMANENT SEWERMAINS.
THE CITY OF PORT ORCHARD, a municipal corporation located within
Kitsap County, hereinafter called "City" and ROLAND & ROLAND REAL ESTATE,
INC., hereinafter called "owner", agree as follows:
The consideration for this agreement is the adoption by the City of
Ordinance No.1281 which approves a rezone to commercial highway, as recommended
by the Port Orchard Planning Commission pursuant to Planning Commission Resolution
#044-84, approved on Ib June 1984. Application #R-1042 and all supporting documents
contained therein is incorporated within this agreement as the supporting data for
the action taken by the City. In the event any conflict between the terms of this
agreement and representations of conclusions contained in the resolution as approved
and/or related materials, should arise, the terms of this agreement shall be controlling.
LEGAL DESCRIPTION: THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH,
RANGE 1 EAST, W.M., EXCEPT THE WEST 12 RODS, THEREOF, TOGF-THERWITH
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER LYING NORTHERLY AND EASTERLY OF COUNTY
ROAD, EXCEPT HIGHWAY.
The City and Owner agree that this consideration running to the Owner
is the temporary permit for private sewer disposal (septic tank) for their property
in return for which they agree that "no protest" will be made by them against the
"construction of or assessment of cost for a permanent sewer main of adequate size"
when necessary to serve the property described. This agreement is also a covenant
running with the land, binding upon the parties, their heirs and assigns, "until a
permanent sewermain to serve the above described property has been constructed
and the assessment roll therefor certified to the City Treasurer for collection" have
been collected.
This agreement shall be filed for record with the Kitsap County Auditor
and shall be a covenant running with the land and binding upon the owners, and their
successors or assigns.
It is agreed that damages are an inadequate remedy and that the City
may seek equitable relief to enforce this agreement. In the event legal proceedings
to enforce this agreement are commenced, the Owner agrees that the City shall be
entitled to recover its reasonable costs and attorneys fees incurred in such action.
ATTEST:
DATED his day of
r
APPROVED AS TO FORM:
City Attorney
ROLAND & ROLAND REAL ESTATE INC.,
Sm
ner
wner
CITY OF PORT ORCHARD
By:
Leslie J. Weatherill, Mayor