HomeMy WebLinkAbout4683 Ordinance - Barker Heights Rezone from R-S-1 to R-3 (Z 2023-003) - RECORDEDFILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 31 Avenue
Pasco, WA 99301
ORDINANCE NO. 4683
AFN # 1978923 ORDIN
09/28/2023 01:37 PM
11 Page(s) $213.50
Matt Beaton. Auditor
Franklin Co., WA
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED WEST OF BROADMOOR BOULEVARD NEAR THE
INTERSECTION OF IRIS ROAD, PASCO, FRANKLIN COUNTY,
WASHINGTON, FROM R -S-1 (SUBURBAN) TO R-3 (MEDIUM -DENSITY
RESIDENTIAL).
WHEREAS, the Petitioner, Paul Lavrentiev, on behalf of P&R Construction LLC, seeks
to rezone Parcel No. 115180075, in Pasco, Franklin County, Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City of
Pasco (City) and, after notice was issued under PMC Section 25.210.040, an open record hearing
was conducted by the Pasco Hearing Examiner upon such petition on July 12, 2023; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) any impacts of the rezone application and
anticipated development will be mitigated by the regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant
agreement is not required under these circumstances; and (f) the proposed rezone is consistent with
and satisfies all criteria set forth in PMC Section 25.210.060; the Hearing Examiner has
recommended to approve the rezone, which findings and recommendation are hereby adopted by
the City Council, and the Hearing Examiner Report is hereby incorporated by reference as Exhibit
A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance - Rezone Z 2023-003 — Barker Heights - 1
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning
Map, accompanying and being part of said Ordinance shall be and hereby is changed from R -S-1
(Suburban) to R-3 (Medium -Density Residential) for the real property as shown in the Exhibit B
attached hereto and described as follows:
LOT 2 AND A PORTION OF LOT 3 OF SHORT PLAT 2020-22 RECORDED
IN VOLUME 2 OF SHORT PLATS AT PAGE 361-365 UNDER FRANKLIN
COUNTY AUDITOR'S FILE NUMBER 1918957, LOCATED WITHIN THE
NORTH HALF OF THE SOUTHEAST QUARTER AND THE SOUTHWEST
QUARTER OF SAID SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 9
NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF
PASCO, FRANKLIN COUNTY, WASHINGTON, DESCRIBED MORE
PARTICULARLY AS FOLLOWS: COMMENCING AT THE CENTER OF
SAID SECTION 6, MARKED BY A BUREAU OF RECLAMATION 3 INCH
BRASS CAP, LOCATED NORTH 00°55'29" EAST A DISTANCE OF 2660.55
FEET FROM THE SOUTH QUARTER CORNER OF SAID SECTION 6,
MARKED BY A FRANKLIN COUNTY PUBLIC WORKS 3 INCH BRASS CAP
INSCRIBED "FCPW T9N R29E 1/4 S6 - S7 2012 LS 38481 "; THENCE NORTH
89°18'23" EAST ALONG THE CENTER SECTION LINE OF SAID SECTION 6
A DISTANCE OF 1339.71 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING NORTH 89018'23" EAST ALONG SAID CENTER SECTION
LINE A DISTANCE OF 640.86 FEET TO THE INTERSECTION WITH THE
PROPERTY BOUNDARY COMMON TO LOTS 1 AND 2 OF SAID SHORT
PLAT 2020-22; THENCE SOUTH 00°55'29" WEST ALONG SAID COMMON
PROPERTY BOUNDARY A DISTANCE OF 352.91 FEET; THENCE NORTH
89018'23" EAST CONTINUING ALONG SAID COMMON PROPERTY
BOUNDARY A DISTANCE OF 682.26 FEET TO THE INTERSECTION WITH
THE WEST RIGHT OF WAY MARGIN OF BROADMOOR BOULEVARD
DEDICATED PER INSTRUMENT RECORDED UNDER FRANKLIN
COUNTY AUDITOR'S FILE NUMBER 1761328; THENCE SOUTH 00°56'06"
WEST ALONG SAID WEST RIGHT OF WAY MARGIN A DISTANCE OF
981.08 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 6; THENCE SOUTH 89023'10" WEST ALONG SAID SOUTH LINE
A DISTANCE OF 1,331.19 FEET TO THE SOUTHWEST CORNER THEREOF;
THENCE NORTH 00055'20" EAST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6
A DISTANCE OF 62.52 FEET TO A POINT OF CURVATURE WITH A
TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF
300.03 FEET; THENCE ALONG SAID CURVE AND LEAVING SAID WEST
LINE, HAVING AN ARC LENGTH OF 57.04 FEET, WITH A DELTA ANGLE
OF 10°53'34", A CHORD BEARING OF NORTH 06022'07" EAST, AND A
CHORD LENGTH OF 56.95 FEET; THENCE NORTH 11'48'54" EAST A
DISTANCE OF 113.73 FEET TO A POINT OF CURVATURE WITH A
Ordinance - Rezone Z 2023-003 — Barker Heights - 2
TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 300.03
FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 65.12
FEET, WITH A DELTA ANGLE OF 12°2610", A CHORD BEARING OF
NORTH 05035'49" EAST, AND A CHORD LENGTH OF 64.99 FEET; THENCE
NORTH 00037'16" WEST A DISTANCE OF 844.42 FEET; THENCE NORTH
89022'44" EAST A DISTANCE OF 4.09 FEET; THENCE NORTH 00037'14"
WEST A DISTANCE OF 192.54 FEET TO THE TRUE POINT OF BEGINNING
(Parcel No. 115180075).
Comprising approximately 34.61 acres
Section 2. Severability. If any section, subsection, sentence, clause, phrase or word
of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any
other section, subsection, sentence, clause, phrase or word of this Ordinance.
Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this Ordinance, including scrivener's errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of Ordinances or their sections and subsections.
Section 4. This Ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington this 18"' day of September,
2023.
-A ;d -,
Blanc e
Mayor
ATTEST:
APPROVED AS TO FORM:
Z --
Debra Barham, CMC Kerr =eys aw, PLLC
City Clerk City
Published: i`� 5 Z2 Z
Ordinance - Rezone Z 2023-003 — Barker Heights - 3
EXHIBIT "A"
CITY OF PASCO HEARING EXAMINER
IN THE MATTER OF ) CORRECTED RECOMMENDED
FINDINGS OF FACT,
RECOMMENDED CONCLUSIONS
OF LAW, AND RECOMMENDED
DECISION
Z 2023-003 )
Barker Heights Rezone )
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on July
12, 2023, the Hearing Examiner having taken evidence hereby submits the following Corrected
Recommended Findings of Fact, Recommended Conclusions of Law, and Recommended Decision as
follows:
I. RECOMMENDED FINDINGS OF FACT
PROPERTY/APPLICATION DESCRIPTION:
1.1 Legal: LOT 2 AND A PORTION OF LOT 3 OF SHORT PLAT 2020-22
RECORDED IN VOLUME 2 OF SHORT PLATS AT PAGE 361-365 UNDER
FRANKLIN COUNTY AUDITORS FILE NUMBER 1918957, LOCATED
WITHIN THE NORTH HALF OF THE SOUTHEAST QUARTER AND THE
SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER OF SECTION 6,
TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN,
CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, DESCRIBED MORE
PARTICULARLY AS FOLLOWS: COMMENCING AT THE CENTER OF SAID
SECTION 6, MARKED BY A BUREAU OF RECLAMATION 3 INCH BRASS
CAP, LOCATED NORTH 00°55'29" EAST A DISTANCE OF 2660,55 FEET
FROM THE SOUTH QUARTER CORNER OF SAID SECTION 6, MARKED BY
A FRANKLIN COUNTY PUBLIC WORKS 3 INCH BRASS CAP INSCRIBED
"FCPW T9N R29E 1/4 S6 - S7 2012 LS 38481"; THENCE NORTH 8918'23"
EAST ALONG THE CENTER SECTION LINE OF SAID SECTION 6 A
DISTANCE OF 1339.71 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING NORTH 89018'23" EAST ALONG SAID CENTER SECTION
LINE A DISTANCE OF 640.86 FEET TO THE INTERSECTION WITH THE
PROPERTY BOUNDARY COMMON TO LOTS 1 AND 2 OF SAID SHORT
PLAT 2020-22; THENCE SOUTH 00°55'29" WEST ALONG SAID COMMON
PROPERTY BOUNDARY A DISTANCE OF 352.91 FEET; THENCE NORTH
89018'23" EAST CONTINUING ALONG SAID COMMON PROPERTY
BOUNDARY A DISTANCE OF 682.26 FEET TO THE INTERSECTION WITH
THE WEST RIGHT OF WAY MARGIN OF BROADMOOR BOULEVARD
DEDICATED PER INSTRUMENT RECORDED UNDER FRANKLIN COUNTY
AUDITOR'S FILE NUMBER 1761328; THENCE SOUTH 00°56'06" WEST
ALONG SAID WEST RIGHT OF WAY MARGIN A DISTANCE OF 981.08 FEET
TO THE INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 6; THENCE
Z 2023 003
Barker Heights Rezone
Page 1 of 6
SOUTH 89023'10" WEST ALONG SAID SOUTH LINE A DISTANCE OF
1,331.19 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH
00055'20" EAST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 6 A DISTANCE OF 62.52 FEET
TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE
RIGHT, HAVING A RADIUS OF 300.03 FEET; THENCE ALONG SAID CURVE
AND LEAVING SAID WEST LINE, HAVING AN ARC LENGTH OF 57.04
FEET, WITH A DELTA ANGLE OF 10053'34", A CHORD BEARING OF NORTH
06°22'07" EAST, AND A CHORD LENGTH OF 56.95 FEET; THENCE NORTH
11048'54" EAST A DISTANCE OF 113.73 FEET TO A POINT OF CURVATURE
WITH A TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF
300.03 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF
65.12 FEET, WITH A DELTA ANGLE OF 12-26'10", A CHORD BEARING OF
NORTH 0503549" EAST, AND A CHORD LENGTH OF 64.99 FEET; THENCE
NORTH 00037'16" WEST A DISTANCE OF 844.42 FEET; THENCE NORTH
89022'44" EAST A DISTANCE OF 4.09 FEET; THENCE NORTH 00037'14"
WEST A DISTANCE OF 192.54 FEET TO THE TRUE POINT OF BEGINNING
(Parcel 115180075).
1.2 General Location: Along the west side of Broadmoor Boulevard approximately 1,300
feet north of Burns Road, Pasco, Franklin County, WA.
1.3 PropM Size: Approximately 34.61 acres (1,507,714.4 square feet).
1.4 Request: Barker Heights Rezone from R-S-I(Suburban) to R-3 (Medium -Density
Residential).
2. ACCESS: The parcel has access from Broadmoor Boulevard and (future) Road 104.
3. UTILITIES: Municipal water and sewer would be brought to the site from both Broadmoor
Boulevard and (future) Road 104.
4. LAND USE AND ZONING: The site is zoned R-S-1(Suburban) and is vacant.
Surrounding properties are zoned and developed as follows:
NORTH:
RR -5
Vacant; Rural Residential
EAST:
R4
Farming
SOUTH:
R-1
Vacant
WEST:
R -S-1
Vacant
COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as "Medium -
Density Residential." The Medium -Density Residential designation allows for R-2 through
R-4, and RP zoning; development may be single-family dwellings, patio homes, townhouses,
apartments, and condominiums at a density of 6 to 20 dwelling units per acre.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. A mitigated determination of non -significance was issued on June 30, 2023.
7. REQUEST: P&R CONSTRUCTION LLC has submitted a rezone application (Z 2023-003)
from R S -I (Suburban) to R-3 (Medium -Density Residential), for Lot 2 and a portion of Lot
3 of Short Plat 2020-22 (Parcel 115180075), located along the west side of Broadmoor
Boulevard approximately 1,300 feet north of Burns Road, Pasco, Franklin County, WA.
Z 2023 003
Barker Heights Rezone
Page 2 of 6
8. SITE: The site comprises approximately 34.61 acres (1,507,714.4 square feet) and is vacant.
9. HISTORY: The site was annexed into the City in 2017 (Ordinance 4330) and assigned R -S-1
(Suburban) zoning in conjunction with the annexation (Ordinance 4331).
10. In April 2023 the City approved Ordinance 4651, amending the Comprehensive Plan Future
Land Use Map, changing the designation of the site from Suburban to Medium Density
Residential. The Medium -Density Residential designation allows for R-2 through R-4, and
RP zoning; development may be single-family dwellings, patio homes, townhouses,
apartments, and condominiums at a density of 6 to 20 dwelling units per acre.
11. REZONE CRITERIA: The initial review criteria for considering a rezone application are
explained in PMC 25.88.030. The criteria are listed below as follows:
11.1 The date the existing zone became effective:
11.1.1 The site was assigned R -S-1 (Suburban) zoning in 2017(Ordinance 4331)
conjunction with the 2017 annexation (Ordinance 4330).
11.2 The changed conditions, which are alleged to warrant other or additional zoning:
11.2.1 In April 2023 the City approved Ordinance 4651, amending the
Comprehensive Plan Future Land Use Map, changing the designation of the
site from Suburban to Medium Density Residential. The Medium -Density
Residential designation allows for R-2 through R4, and RP zoning;
development may be single-family dwellings, patio homes, townhouses,
apartments, and condominiums at a density of 6 to 20 dwelling units per acre.
11.3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
11.3.1 The Medium -Density Residential designation allows for R-2 through R4,
and RP zoning; development may be single-family dwellings, patio homes,
townhouses, apartments, and condominiums at a density of 6 to 20 dwelling
units per acre. Development of this property at 10,000 square -foot minimum
lot sizes (per the R -S-1 zoning requirement) would contribute to urban
sprawl and additional loading on the City's transportation and utility systems
in the form of additional traveled miles and extended upsized utilities. The
increased density will help reduce urban sprawl, increase home ownership,
easier access to residents who live closer to urban areas, and provides for
more neighbors that provide "the eyes on the street" to protect personal
property. The increased numbers of lots provide more options to buyers.
11.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
11.4.1 Properties to the east and south are planned to be similar single-family homes
on similar lot sizes. Property to the north is developed in the County as rural
residential; 5 -acre minimum lot size. This area is ultimately anticipated to be
incorporated into the City. Adjacent property values are not expected to be
negatively impacted by this rezone. Property to the west is owned by the
Pasco School District. The rezone application is consistent with and meets
the intent of the goals and policies of the Comprehensive Plan.
Z 2023 003
Barker Heights Rezone
Page 3 of 6
11.5 The effect on the property owner or owners if the request is not granted:
11.5.1 If the site remains with the current zoning designations the site may remain
underutilized, and result in a reduction in revenue from future home sales.
11.6 The Comprehensive Plan land use designation for the property:
11.6.1 The Land Use Element of the Comprehensive Plan designates the lot
"Medium -Density Residential District;" the proposed zoning district is
compatible with the Comprehensive Plan Land Use designation.
11.7 Such other information as the Hearing Examiner requires.
11.7.1 The rezone application is consistent with and meets the intent of the
Comprehensive Plan, and City Council Goals. The opportunity for higher
density residential uses in this area supports the Land Use Element of the
Comprehensive Plan.
12. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri -City Herald on June 21, 2023.
13. An open record public hearing after due legal notice was held July 12, 2023, with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
14. The Applicant did not appear at the hearing. The Applicant was given notice of the date,
place, time, and location of the hearing.
15. No member of the public testified at the hearing.
16. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
17. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
U. RECOMMENDED CONCLUSIONS OF LAW
Before recommending approval of this rezone, the Hearing Examiner has developed findings of fact
from which to draw those conclusions based upon the criteria listed in PMC 25.210.060. The criteria
are as follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
1.1 The Land Use Element of the Comprehensive Plan designates the lot "Medium -
Density Residential District." The proposed R-3 zoning district would be in
alignment with the Land Use map within the City's Comprehensive Plan. Future
potential development could additionally foster or help to implement the following
policies from the Comprehensive Plan:
1.1.1 Land Use Policy LU -4-B: Encourage infill and higher density uses within
proximity to major travel corridors and public transportation service areas.
1.1.2 Land Use Policy LU -4-D: Designate areas for higher density residential
developments where utilities and transportation facilities enable efficient use
of capital resources.
1.1.3 Land Use Policy LU -4-F: Support Medium -Density Residential, smart
growth, infill, and compact developments with transit and pedestrian
amenities that promote a healthy community.
Z 2023 003
Barker Heights Rezone
Page 4 of 6
1.1.4 Land Use Policy LU -5-A: Allow a variety of residential densities throughout
the UGA.
1.1.5 Housing Policy H -1-A: Allow for a full range of housing including single
family homes, townhouses, condominiums, apartments, and manufactured
housing, accessory dwelling units, zero lot line, planned unit developments
etc.
1.1.6 Housing Policy H -1-B: Higher intensity housing should be located near
arterials and neighborhood or community shopping facilities and
employment are.
1.1.7 Housing Policy H -3-A: Encourage innovative techniques in the design of
residential neighborhoods and Medium -Density Residential areas to provide
character and variety in the community.
1.1.8 Housing Policy H -4-C: Increase housing supply and diversity through
appropriate and flexible development standards.
1.1.9 Transportation Element Policy TR 1-D: Encourage multi -modal street design
with traffic calming and safety in consideration of surrounding land uses
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 The Medium -Density Residential designation allows for R-2 through R4, and RP
zoning; development may be single-family dwellings, patio homes, townhouses,
apartments, and condominiums at a density of 6 to 20 dwelling units per acre. The
application for rezone is consistent with the Comprehensive Plan Land Use Element
and meets the intent of the Goals and Policies for the property.
3. There is merit and value in the proposal for the community as a whole.
3.1 The proposed zoning designation is consistent with the Comprehensive Plan Land
Use Map and the Goals and Policies as adopted by the Pasco City Council. In
addition to fulfilling the goals and policies of the Comprehensive Plan, the proposal
includes infill development and promotes a healthy and robust Medium -Density
Residential environment.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
4.1 The rezone application and anticipated project are subject to the regulations and
requirements of the Pasco Municipal Code and the City of Pasco Design and
Construction Standards. As such, no conditions should be imposed; any future
development will be evaluated for significant adverse impacts at the time of a
development application, which will also be subject to review under the State
Environmental Policy Act (SEPA).
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if
so, the terms and conditions of such an agreement.
5.1 If or when applicants pursue the development of this property, they will be required
to conform to design standards established by the PMC. No Concomitant Agreement
is considered necessary for this application.
6. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
Z 2023 003
Barker Heights Rezone
Page 5 of 6
III. RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
RECOMMENDS APPROVAL, that Lot 2 and a portion of Lot 3, Short Plat 2020-22 (Parcel
115180075), be rezoned from R -S-1 (Suburban) to R-3 (Medium -Density Residential).
Dated this W/— day of September, 2023.
CTd/rewL.
PASCO HEARING EXAMINER
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Kottkamp
Z 2023 003
Barker Heights Rezone
Page 6 of 6
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FRANKLIN COUNTY RECORDING
COVER SHEET
NAME AND RETURN ADDRESS:
City of Pasco
525 N. Third Avenue
Pasco, WA 99301
FORM COMPLETED BY: City Clerks Office
PLEASE PRINT OR TYPE INFORMATION:
PHONE # (509) 544-3096
DOCUMENT TITLE(S) (or transaction contained therein)
1. Ordinance No. 4683
2. Z2023-003
3.
GRANTOR(S) (Last name, first name, middle name/initials):
1. Citv of Pasco
2.
3.
4.
❑ Additional names on page of document
GRANTEE(S) (Last name, first name, middle name/initials):
1. Paul Lavrentiev
2. P&R Construction LLC
3.
4.
❑ Additional names on page of document
LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range)
Short Plat 2020-22 Lot 2 06-29-09
Ej Additional legal is on page of document
AUDITOR'S REFERENCE NUMBER(S)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
115180075
❑ Additional parcel numbers on page of document
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the
document to verify the accuracy or completeness of the indexing information
EMERGENCY NONSTANDARD REQUEST
I am requesting an emergency nonstandard recording for an additional fee of $50.00 as provided in
RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise
obscure some part of the text of the original document.
Signature Date