HomeMy WebLinkAbout3634 Ordinance - Recorded 1636147
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PASCO CI1Y OF ORCIN 34.00 Franklin Co, WA
ORDINANCE NO. 5
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE
ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN
SECTION 15, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., FROM RT
(RESIDENTIAL TRANSITION) TO R-1 (LOW DENSITY RESIDENTIAL), R-3
(MEDIUM DENSITY RESIDENTIAL), R-4 (HIGH DENSITY RESIDENTIAL) AND
C-1 (RETAIL BUSINESS) WITH A CONCOMITANT AGREEMENT.
WHEREAS, a complete and adequate petition for change of zoning classification has
been received and an open record hearing having been conducted by the Pasco Planning
Commission upon such petition; and,
WHEREAS,that the effect of the requested change in zoning classification shall not be
materially detrimental to the immediate vicinity; and,
WHEREAS, there are conditions which should be imposed in order to mitigate any
potential significant adverse impacts from the requested change of zoning classification on the
surrounding vicinity justifying a Concomitant Agreement including terms restricting certain land
uses; and,
WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that:
(A) the requested change for the zoning classification is consistent with the adopted
Comprehensive Plan; (B) the requested change in zoning classification is consistent with or
promotes the goals and objectives of the Comprehensive Plan serving the general public interest
in the community; and (C) there has been a change in the neighborhood or community needs or
circumstances warranting the requested change of the zoning classification in that utilities
necessary to serve residential development on these properties have now been designed and will
be extended to the area and (D) the request for change in zoning classification is categorically
exempt under the Washington State Environmental Policy Act, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN
AS FOLLOWS:
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PASCO CITY OF __ _ ORDIN 34.00 Franklin Cc, WA
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 RT
(Residential Transition) to R-1 (Low Density Residential) for the real property as shown in the
Exhibit"1"attached hereto and described as follows:
A TRACT OF LAND IN A PORTION OF THE SOUTHWEST QUARTER OF
SECTION 15, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN,
FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A
BUREAU OF RECLAMATION BRASS CAP MARKING THE WEST QUARTER CORNER
OF SAID SECTION 15; THENCE SOUTH 00°26'24" WEST, ALONG THE WEST LINE OF
THE SOUTHWEST QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 1472.65
FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE WEST LINE OF
THE SOUTHWEST QUARTER OF SAID SECTION 15, SOUTH 89°33'36" EAST, 277.12
FEET; THENCE SOUTH 37°08'34" EAST, 450.89 FEET; THENCE SOUTH 00°26'24" WEST,
360.14 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE
"FRANKLIN COUNTY IRRIGATION DISTRICT No. 1 DRAINAGE CANAL" AS
DESCRIBED UNDER VOLUME 2, PAGE 540 OF THE COLUMBIA BASIN DOCUMENTS;
THENCE FOLLOWING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID "FRANKLIN
COUNTY IRRIGATION DISTRICT No. 1 DRAINAGE CANAL" THE FOLLOWING
COURSES AND DISTANCES; THENCE NORTHWESTERLY ALONG THE ARC OF A
159.15 FOOT RADIUS CURVE TO THE RIGHT, " (THE RADIAL BEARING OF WHICH IS
NORTH 02 047'48" EAST) THROUGH A CENTRAL ANGLE OF 18°1259 FOR AN ARC
DISTANCE OF 50.58 FEET; THENCE NORTH 68°59'33" WEST, 50.40 FEET; THENCE
NORTHWESTERLY, ALONG THE ARC OF A 110.18 FOOT RADIUS CURVE TO THE
RIGHT, (THE RADIAL BEARING OF WHICH IS NORTH 21000'27" EAST) THROUGH A
CENTRAL ANGLE OF 39 007'24" FOR AN ARC DISTANCE OF 75.23 FEET; THENCE
NORTH 29 052'09" WEST, 58.06 FEET; THENCE NORTHWESTERLY, ALONG THE ARC
OF A 238.73 FOOT RADIUS CURVE TO THE LEFT, (THE RADIAL BEARING OF WHICH
IS SOUTH 60°07'51" WEST) THROUGH A CENTRAL ANGLE OF 20 030'26" FOR AN ARC
DISTANCE OF 85.45 FEET; THENCE NORTH 50°22'35" WEST FOR A DISTANCE OF
128.47 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF A 114.59 FOOT
RADIUS CURVE TO THE RIGHT, (THE RADIAL BEARING OF WHICH IS NORTH
39 037'25" EAST)THROUGH A CENTRAL ANGLE OF 30 032'48" FOR AN ARC DISTANCE
OF 61.09 FEET; THENCE NORTH 19°49'47" WEST, 162.21 FEET; THENCE
SOUTH 69 044'55" WEST, 132.24 FEET TO A POINT ON THE WEST LINE OF THE
SOUTHWEST QUARTER OF SECTION 15; THENCE LEAVING THE NORTHERLY
RIGHT-OF-WAY LINE OF SAID "FRANKLIN COUNTY IRRIGATION DISTRICT No. 1
DRAINAGE CANAL", SOUTH 00°26'24" WEST ALONG THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 15 FOR A DISTANCE OF 138.97 FEET TO A
POINT OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID "FRANKLIN COUNTY
IRRIGATION DISTRICT No. 1 DRAINAGE CANAL"; THENCE LEAVING THE WEST
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15 AND FOLLOWING THE
SOUTHERLY RIGHT-OF-WAY LINE OF SAID "FRANKLIN COUNTY IRRIGATION
DISTRICT No. 1 DRAINAGE CANAL" THE FOLLOWING COURSES AND DISTANCES:
THENCE NORTH 69 044'55"EAST, 50.38 FEET; THENCE SOUTH 19°50'35" EAST, 29.41
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PRSCO CITY pF ORDIN 34.00 Franklin Co. NR
FEET; THENCE SOUTHEASTERLY, ALONG THE ARC OF A 244.59-FOOT RADIUS
CURVE TO THE LEFT, (THE RADIAL BEARING OF WHICH IS NORTH 70°36'05" EAST)
THROUGH A CENTRAL ANGLE OF 30 058'40" FOR AN ARC DISTANCE OF 132.24 FEET;
THENCE SOUTH 50 022'35" EAST, 128.47 FEET; THENCE SOUTHEASTERLY, ALONG
THE ARC OF A 108.73-FOOT RADIUS CURVE TO THE RIGHT, (THE RADIAL BEARING
OF WHICH IS SOUTH 39 037'25" WEST) THROUGH A CENTRAL ANGLE OF 20 030'26"
FOR AN ARC DISTANCE OF 38.92 FEET; THENCE SOUTH 29°52'09"EAST, 58.06 FEET;
THENCE SOUTHEASTERLY, ALONG THE ARC OF A 240.18-FOOT RADIUS CURVE TO
THE LEFT, (THE RADIAL BEARING OF WHICH IS NORTH 60°07'51" EAST) THROUGH
A CENTRAL ANGLE OF 39 007'24" FOR AN ARC DISTANCE OF 164.00 FEET; THENCE
SOUTH 68 05933"EAST, 50.40 FEET; THENCE NORTHEASTERLY, ALONG THE ARC
OF A 289.15-FOOT RADIUS CURVE TO THE LEFT, (THE RADIAL BEARING OF WHICH
IS NORTH 01 044'13" EAST) THROUGH A CENTRAL ANGLE OF 56°34'50" FOR AN ARC
DISTANCE OF 285.54 FEET; THENCE NORTH 54°25'37" EAST, 118.39 FEET; THENCE
SOUTH 85 046'18" EAST, 110.05 FEET; THENCE SOUTHEASTERLY, ALONG THE ARC
OF A 13.24-FOOT RADIUS CURVE TO THE RIGHT, (THE RADIAL BEARING OF
WHICH IS SOUTH 04013-42" WEST) THROUGH A CENTRAL ANGLE OF 19°05'55" FOR
AN ARC DISTANCE OF 4.41 FEET; THENCE SOUTH 66°40'23" EAST, 83.04 FEET;
THENCE SOUTHEASTERLY, ALONG THE ARC OF A 273.24-FOOT RADIUS CURVE TO
THE LEFT, (THE RADIAL BEARING OF WHICH IS NORTH 23°19'37" EAST) THROUGH
A CENTRAL ANGLE OF 27019'06" FOR AN ARC DISTANCE OF 130.28 FEET; THENCE
NORTH 86 000'31" EAST, 59.04 FEET; THENCE SOUTH 56°44'01" EAST, 57.86 FEET;
THENCE SOUTHEASTERLY, ALONG THE ARC OF A 320.98-FOOT RADIUS CURVE TO
THE LEFT, (THE RADIAL BEARING OF WHICH IS NORTH 33 015'59" EAST) THROUGH
A CENTRAL ANGLE OF 22 024'54" FOR AN ARC DISTANCE OF 125.57 FEET; THENCE
SOUTH 79 008'55" EAST, 134.37 FEET; THENCE SOUTHEASTERLY, ALONG THE ARC
OF A 60.98-FOOT RADIUS CURVE TO THE RIGHT, (THE RADIAL BEARING OF
WHICH IS SOUTH 10 051'05" WEST) THROUGH A CENTRAL ANGLE OF 14 020'29" FOR
AN ARC DISTANCE OF 15.26 FEET; THENCE SOUTH 64 048'26" EAST, 46.78 FEET;
THENCE SOUTHEASTERLY, ALONG THE ARC OF A 320.98-FOOT RADIUS CURVE TO
THE LEFT, (THE RADIAL BEARING OF WHICH IS NORTH 25 011'34" EAST) THROUGH
A CENTRAL ANGLE OF 20 002'26" FOR AN ARC DISTANCE OF 112.27 FEET; THENCE
SOUTH 84 050'52" EAST, 99.43 FEET; THENCE SOUTHEASTERLY, ALONG THE ARC OF
A 156.48-FOOT RADIUS CURVE TO THE RIGHT, (THE RADIAL BEARING OF WHICH
IS SOUTH 05 009'08" WEST) THROUGH A CENTRAL ANGLE OF 11 013'35" FOR AN ARC
DISTANCE OF 30.66 FEET; THENCE SOUTH 73°37'17" EAST, 137.88 FEET; THENCE
NORTHEASTERLY, ALONG THE ARC OF A 244.59-FOOT RADIUS CURVE TO THE
LEFT, (THE RADIAL BEARING OF WHICH IS NORTH 16 022'43" EAST) THROUGH A
CENTRAL ANGLE OF 39 021'36" FOR AN ARC DISTANCE OF 168.02 FEET; THENCE
NORTH 67 001'07" EAST, 122.11 FEET; THENCE SOUTH 69°12'37" EAST, 69.17 FEET;
THENCE SOUTHEASTERLY, ALONG THE ARC OF A 320.98-FOOT RADIUS CURVE TO
THE LEFT, (THE RADIAL BEARING OF WHICH IS NORTH 20°47'23" EAST) THROUGH
A CENTRAL ANGLE OF 17 056'33" FOR AN ARC DISTANCE OF 100.52 FEET; THENCE
SOUTH 87009'10" EAST, 89.42 FEET; THENCE NORTHEASTERLY, ALONG THE ARC
OF A 244.59-FOOT RADIUS CURVE TO THE LEFT, (THE RADIAL BEARING OF WHICH
IS NORTH 02 050'50" EAST) THROUGH A CENTRAL ANGLE OF 28°22'06" FOR AN ARC
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PASGO CITY OF ORDIN 34.00 Franklin Co. WA
DISTANCE OF 121.10 FEET; THENCE NORTH 64 02844" EAST, 57.77 FEET; THENCE
NORTHEASTERLY, ALONG THE ARC OF A 156.48-FOOT RADIUS CURVE TO THE
RIGHT, (THE RADIAL BEARING OF WHICH IS SOUTH 25 031'16" EAST) THROUGH A
CENTRAL ANGLE OF 15°01'08" FOR AN ARC DISTANCE OF 41.02 FEET; THENCE
NORTH 79 029'52" EAST, 272.55 FEET; THENCE NORTHEASTERLY, ALONG THE ARC
OF A 347.46-FOOT RADIUS CURVE TO THE RIGHT, (THE RADIAL BEARING OF
WHICH IS SOUTH 10°30'08" EAST) THROUGH A CENTRAL ANGLE OF 09°11'43" FOR
AN ARC DISTANCE OF 55.76 FEET; THENCE NORTH 88 041'35" EAST, 258.56 FEET;
THENCE NORTHEASTERLY,ALONG THE ARC OF A 539.25-FOOT RADIUS CURVE TO
THE LEFT, (THE RADIAL BEARING OF WHICH IS NORTH 01-18-25" WEST) THROUGH
A CENTRAL ANGLE OF 12 012'41" FOR AN ARC DISTANCE OF 114.93 FEET; THENCE
NORTH 76 028'54" EAST, 85.82 FEET; THENCE EASTERLY, ALONG THE ARC OF A
90.37-FOOT RADIUS CURVE TO THE RIGHT, (THE RADIAL BEARING OF WHICH IS
SOUTH 13 031'06" EAST) THROUGH A CENTRAL ANGLE OF 18°28'14" FOR AN ARC
DISTANCE OF 29.13 FEET; THENCE SOUTH 85°02'52" EAST, 270.62 FEET; THENCE
EASTERLY, ALONG THE ARC OF A 846.20-FOOT RADIUS CURVE TO THE LEFT, (THE
RADIAL BEARING OF WHICH IS NORTH 04 057'08" EAST) THROUGH A CENTRAL
ANGLE OF 07 02844" FOR AN ARC DISTANCE OF 110.46 FEET; THENCE NORTH
87 028'24" EAST, 136.18 FEET; THENCE NORTH 00 033'33" EAST, 50.07 FEET; THENCE
NORTH 87 028'24" EAST, 361.39 FEET; THENCE NORTH 00 033'33" EAST, 52.93 FEET;
THENCE SOUTHEASTERLY, ALONG THE ARC OF A 442.96-FOOT RADIUS CURVE TO
THE RIGHT, (THE RADIAL BEARING OF WHICH IS SOUTH 03 059'05" WEST)
THROUGH A CENTRAL ANGLE OF 02 034'03" FOR AN ARC DISTANCE OF 19.85 FEET;
THENCE SOUTH 83 02652" EAST, 122.91 FEET; THENCE NORTHEASTERLY, ALONG
THE ARC OF A 488.10-FOOT RADIUS CURVE TO THE LEFT, (THE RADIAL BEARING
OF WHICH IS NORTH 06 033'08" EAST) THROUGH A CENTRAL ANGLE OF 14 032'06"
FOR AN ARC DISTANCE OF 123.82 FEET; THENCE NORTH 82°01'02" EAST, 38.99
FEET; THENCE NORTHEASTERLY, ALONG THE ARC OF A 702.96-FOOT RADIUS
CURVE TO THE LEFT, (THE RADIAL BEARING OF WHICH IS NORTH 07°58'58" WEST)
THROUGH A CENTRAL ANGLE OF 09 006'05" FOR AN ARC DISTANCE OF 111.66 FEET;
THENCE NORTH 72 054'57" EAST, 125.99 FEET; THENCE SOUTH 62°13'05" EAST, 152.51
FEET; THENCE SOUTHEASTERLY, ALONG THE ARC OF A 416.48-FOOT RADIUS
CURVE TO THE LEFT, (THE RADIAL BEARING OF WHICH IS NORTH 27°46'55" EAST)
THROUGH A CENTRAL ANGLE OF 10 029'48" FOR AN ARC DISTANCE OF 76.30 FEET;
THENCE SOUTH 72 042'53" EAST, 238.97 FEET TO A POINT ON THE EAST LINE OF
THE SOUTHEAST QUARTER OF SECTION 15, SAID POINT BEARS NORTH 00°3074"
EAST, 113.90 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE LEAVING
THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID "FRANKLIN COUNTY IRRIGATION
DISTRICT No. 1 DRAINAGE CANAL",NORTH 00°30'24" EAST ALONG THE EAST LINE
OF THE SOUTHEAST QUARTER OF SAID SECTION 15 FOR A DISTANCE OF 70.26;
THENCE LEAVING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 15, NORTHWESTERLY, ALONG THE ARC OF A 150.00-FOOT RADIUS
CURVE TO THE LEFT, (THE RADIAL BEARING OF WHICH IS NORTH 89 029'36" WEST)
THROUGH A CENTRAL ANGLE OF 67 027'49" FOR AN ARC DISTANCE OF 176.62 FEET;
THENCE NORTH 66 05725" WEST, 3617.92 FEET; THENCE NORTH 14 017'35" WEST, 2.75
FEET; THENCE NORTH 89 035'33" WEST, 659.15 FEET; THENCE SOUTH 00°26'43"
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PASCO CITY OF ORdIN 34.00 Franklin Co; WA
WEST, 549.14 FEET; THENCE NORTH 89°35'33" WEST, 454.97 FEET; THENCE NORTH
84 031'32" WEST, 515.95 FEET; THENCE NORTH 89 033'36" WEST, 253.87 FEET TO A
POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15,
SAID POINT BEARS NORTH 00 026'24" EAST, 1344.87 FEET FROM THE SOUTHWEST
CORNER THEREOF; THENCE SOUTH 00 026'24" WEST ALONG THE WEST LINE OF
THE SOUTHWEST QUARTER OF SAID SECTION 15 FOR A DISTANCE OF 180.00 FEET
TO THE TRUE POINT OF BEGINNING. CONTAINING APPROXIMATELY 108.86
ACRES
Section 2. That the change of a zoning classification as provided in Section 1 is
contingent, and conditioned upon execution and compliance with a Concomitant Agreement
entered into between the Petitioner and the City which will attach to and run with the real
property described in Section 1 above. Said Concomitant Agreement is attached to this
Ordinance as Exhibit No. "2".
Section 3. 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 RT
(Residential Transition) to R-3 (Medium Density Residential) for the real property as shown in
the Exhibit"I"attached hereto and described as follows:
A TRACT OF LAND IN A PORTION OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER AND A PORTION OF THE SOUTHEAST QUARTER OF
SECTION 15, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN,
FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A
BUREAU OF RECLAMATION BRASS CAP MARKING THE WEST QUARTER CORNER
OF SAID SECTION 15; THENCE NORTH 00°26'22" EAST, ALONG THE WEST LINE OF
THE NORTHWEST QUARTER OF SAID SECTION 15, FOR A DISTANCE OF.173.73 FEET
TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROUTE 182;
THENCE LEAVING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 15, FOLLOWING THE SOUTHERLY RIGHT-O&WAY LINE OF SAID STATE
ROUTE 182 SOUTHEASTERLY, ALONG THE ARC OF A 1900.00-FOOT RADIUS CURVE
TO THE RIGHT, (THE RADIAL BEARING OF WHICH IS SOUTH 07 009'48" WEST)
THROUGH A CENTRAL ANGLE OF 11"44'06" FOR AN ARC DISTANCE OF 389.15 FEET;
THENCE CONTINUING ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID
STATE ROUTE 182, SOUTH 71 021'40" EAST, 326.73 FEET; THENCE CONTINUING
ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID STATE ROUTE 182, SOUTH
72 040'03" EAST, 602.99 FEET; THENCE CONTINUING ALONG THE SOUTHERLY
RIGHT-OF-WAY LINE OF SAID STATE ROUTE 182, SOUTH 66°57'25" EAST, 750.00
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE
SOUTHERLY RIGHT-OF-WAY LINE OF SAID STATE ROUTE 182, SOUTH 62 022'59"
EAST, 250.80 FEET; THENCE CONTINUING ALONG THE SOUTHERLY RIGHT-OF-
WAY LINE OF SAID STATE ROUTE 182, SOUTH 66 057'25" EAST, 3392.84 FEET TO A
POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 15;
THENCE LEAVING THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID STATE ROUTE
182 AND FOLLOWING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 15, SOUTH 00 030'24" WEST, 424.96 FEET; THENCE LEAVING THE EAST
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PASCO CITY OF ORDIN 34.00 Franklin Co, WA
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 15, NORTHWESTERLY,
ALONG THE ARC OF A 150.00-FOOT RADIUS CURVE TO THE LEFT, (THE RADIAL
BEARING OF WHICH IS NORTH 89 029'36" WEST) THROUGH A CENTRAL ANGLE OF
67 027'49" FOR AN ARC DISTANCE OF 176.62 FEET; THENCE NORTH 66 057'25" WEST,
3617.92 FEET; THENCE NORTH 14°17'35" EAST, 323.77 FEET TO THE TRUE POINT OF
BEGINNING. CONTAINING APPROXIMATELY 25.43 ACRES TOGETHER WITH A
TRACT OF LAND IN A PORTION OF THE NORTH HALF OF THE SOUTHWEST
QUARTER OF SECTION 15, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE
MERIDIAN, FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A BUREAU OF RECLAMATION BRASS CAP MARKING THE WEST
QUARTER CORNER OF SAID SECTION 15; THENCE NORTH 00°26'22" EAST, ALONG
THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 15, FOR A
DISTANCE OF 173.73 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE
OF STATE ROUTE 182; THENCE LEAVING THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 15, FOLLOWING THE SOUTHERLY RIGHT-OF-WAY
LINE OF SAID STATE ROUTE 182 SOUTHEASTERLY, ALONG THE ARC OF A 1900.00-
FOOT RADIUS CURVE TO THE RIGHT, (THE RADIAL BEARING OF WHICH IS SOUTH
07 009'48" WEST) THROUGH A CENTRAL ANGLE OF 11 044'06" FOR AN ARC
DISTANCE OF 389.15 FEET; THENCE CONTINUING ALONG THE SOUTHERLY RIGHT-
OF-WAY LINE OF SAID STATE ROUTE 182, SOUTH 71 021'40" EAST, 326.73 FEET;
THENCE CONTINUING ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID
STATE ROUTE 182, SOUTH 72°40'03" EAST, 602.99 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG THE SOUTHERLY RIGHT-OF-WAY LINE
OF SAID STATE ROUTE 182, SOUTH 66 057'25" EAST, 750.00 FEET; THENCE LEAVING
THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID STATE ROUTE 182, SOUTH
14 01735" EAST, 321.02 FEET; THENCE NORTH 89°35'33" WEST, 608.93 FEET; THENCE
NORTH 00 011'22" WEST, 600.32 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING APPROXIMATELY 6.93 ACRES
Section 4. 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 RT
(Residential Transition) to R-4 (High Density Residential) for the real property as shown in the
Exhibit"1"attached hereto and described as follows:
A TRACT OF LAND IN A PORTION OF THE SOUTHWEST QUARTER OF
SECTION 15, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN,
FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A
BUREAU OF RECLAMATION BRASS CAP MARKING THE WEST QUARTER CORNER
OF SAID SECTION 15; THENCE SOUTH 00°26'24" WEST, ALONG THE WEST LINE OF
THE SOUTHWEST QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 789.22 FEET
TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°35'33" EAST, 1222.86 FEET;
THENCE SOUTH 00 026'43" WEST, 549.14 FEET; THENCE NORTH 89°35'33" WEST,
454.97 FEET; THENCE NORTH 84 131'32" WEST, 515.95 FEET; THENCE NORTH
89°33'36" WEST, 253.87 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 15, SAID POINT BEARS NORTH 00°26'24" EAST, 1344.87
FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 00 126'24" EAST
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PASCO CITY OF ORDIN 34.00 Franklin Co; WA
ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15 FOR
A DISTANCE OF 503.43 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING
APPROXIMATELY 14.88 ACRES
Section 5. That the change of a zoning classification as provided in Section 4 is
contingent, and conditioned upon execution and compliance with a Concomitant Agreement
entered into between the Petitioner and the City which will attach to and run with the real
property described in Section 5 above. Said Concomitant Agreement is attached to this
Ordinance as Exhibit No. "4".
Section 6. 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 RT
(Residential Transition) to C-1 (Retail Business) for the real property as shown in the Exhibit "1"
attached hereto and described as follows:
A TRACT OF LAND IN A PORTION OF THE NORTHWEST QUARTER AND THE
SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 9 NORTH, RANGE 29 EAST,
WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS: BEGINNING AT A BUREAU OF RECLAMATION BRASS CAP MARKING
THE WEST QUARTER CORNER OF SAID SECTION 15; THENCE NORTH 00°26'22"
EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION
15, FOR A DISTANCE OF 173.73 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-
WAY LINE OF STATE ROUTE 182; THENCE LEAVING THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 15, FOLLOWING THE SOUTHERLY
RIGHT-OF-WAY LINE OF SAID STATE ROUTE 182 SOUTHEASTERLY, ALONG THE
ARC OF A 1900.00-FOOT RADIUS CURVE TO THE RIGHT, (THE RADIAL BEARING OF
WHICH IS SOUTH 07 009'48" WEST) THROUGH A CENTRAL ANGLE OF 11°44'06" FOR
AN ARC DISTANCE OF 389.15 FEET; THENCE CONTINUING ALONG THE
SOUTHERLY RIGHT-OF-WAY LINE OF SAID STATE ROUTE 182, SOUTH 71'21'40"
EAST, 326.73 FEET; THENCE CONTINUING ALONG THE SOUTHERLY RIGHT-OF-
WAY LINE OF SAID STATE ROUTE 182, SOUTH 72°40'03" EAST, 602.99 FEET; THENCE
LEAVING THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID STATE ROUTE 182,
SOUTH 00"11'22" EAST, 600.32 FEET; THENCE NORTH 89°35'33" WEST, 1273.08 FEET
TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 15,
SAID POINT BEARS NORTH 00 026'24" EAST, 1848.30 FEET FROM THE SOUTHWEST
CORNER THEREOF; THENCE NORTH 00°26'24" EAST, 789.22 FEET TO THE TRUE
POINT OF BEGINNING. CONTAINING APPROXIMATELY 23.12 ACRES
Section 7. This ordinance shall take full force and effect five (5) days after its approval,
passage and publications required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this 3rd day of November 2003.
r
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Michael L. G son Page: 8 of 16
111111! 11/21/2003 11:42A
Mayor PgSCO CITY OF — — — pRDIN 34.00 Franklin Co, WA
ATTEST: APPROVED AS TO FORM:
Sandy L. e worthy Leland B. Kerr
Deputy City Clerk City Attorney
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PASCO CITY OF .00 Franklin Cc, WA
Exhibit # " I "
Rezone Ord . # �3�
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1636147
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PASCO CITY OF ORDIN 34.00 Franklin Co; WA
CONCOMITANT ZONING AGREEMENT
WHEREAS, the City of Pasco, Washington, a non-charter code city, under the
laws of the State of Washington (Chapter 35A.63 R.C.W. and Article 11, Section 11 of
the Washington State Constitution) 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 Owner(s) of certain property have applied for a rezone of such
property described below within the City's jurisdiction; and
WHEREAS, the City pursuant to R.C.W. 43.12(c), the State Environmental
Policy Act, should mitigate any adverse impacts which might result because of the
proposed rezone; and
WHEREAS, the City of Pasco and the Owner(s) are both interested in
compliance with the Pasco Municipal Code provisions relating to the use and
development of property situated in the City of Pasco, described as follows:
(SEE PAGE 2, #5, LEGAL DESCRIPTION)
WHEREAS, the Owner(s) have indicated willingness to cooperate with the City
of Pasco, its Planning Commission and Planning Department to insure compliance
with the Pasco Zoning Code, and all other local, state and federal laws relating to the
use and development of the above described property; and
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, NOW, THEREFORE,
In the event the above-described property is rezoned by the City of Pasco to R-1
(Low Density Residential) and in consideration of that event should it occur, and
subject to the terms and conditions hereinafter stated, the applicant does hereby
covenant and agree as follows:
1. The Owner(s) promise to comply with all of the terms of the agreement in the event
the City, as full consideration herein grants a rezone on the above-described
property.
2. The Owner(s) agrees to perform the terms set forth in Section 4 of this agreement.
3. This agreement shall be binding on their heirs, assigns, grantees or successors in
interest of the Owner(s) of the property herein described.
4. Conditions:
A. The development shall comply with the following requirements:
1) The average lot size shall not be less than 8,500 square feet.
5. Legal Description:
CONCOMITANT ZONING AGREEMENT PAGE 1 OF 5
1636147
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11/21/2003 11:42A
PASCO C1TT OP ORDIN 34.00 Franklin Co, WA
A TRACT OF LAND IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 9
NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:BEGINNING AT A BUREAU OF RECLAMATION BRASS CAP MARKING THE
WEST QUARTER CORNER OF SAID SECTION 15;THENCE SOUTH 00°2624"WEST,ALONG THE WEST
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 1472.65 FEET TO
THE TRUE POINT OF BEGINNING; THENCE LEAVING THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 15,SOUTH 89°33'36"EAST, 277.12 FEET;THENCE SOUTH 37°08'34"EAST,
450.89 FEET;THENCE SOUTH 00°26'24" WEST,360.14 FEET TO A POINT ON THE NORTHERLY RIGHT-
OF-WAY LINE OF THE "FRANKLIN COUNTY IRRIGATION DISTRICT No. 1 DRAINAGE CANAL" AS
DESCRIBED UNDER VOLUME 2, PAGE 540 OF THE COLUMBIA BASIN DOCUMENTS; THENCE
FOLLOWING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID "FRANKLIN COUNTY IRRIGATION
DISTRICT No. 1 DRAINAGE CANAL' THE FOLLOWING COURSES AND DISTANCES; THENCE
NORTHWESTERLY ALONG THE ARC OF A 159.15 FOOT RADIUS CURVE TO THE RIGHT, " (THE
RADIAL BEARING OF WHICH IS NORTH 02°47'48"EAST) THROUGH A CENTRAL ANGLE OF 18°12'39
FOR AN ARC DISTANCE OF 50.58 FEET; THENCE NORTH 68°59'33" WEST, 50.40 FEET; THENCE
NORTHWESTERLY, ALONG THE ARC OF A 110.18 FOOT RADIUS CURVE TO THE RIGHT, (THE
RADIAL BEARING OF WHICH IS NORTH 21 000'27" EAST)THROUGH A CENTRAL ANGLE OF 39 00724"
FOR AN ARC DISTANCE OF 75.23 FEET; THENCE NORTH 29°52'09"WEST, 58.06 FEET; THENCE
NORTHWESTERLY,ALONG THE ARC OF A 238.73 FOOT RADIUS CURVE TO THE LEFT,(THE RADIAL
BEARING OF WHICH IS SOUTH 60°07'51"WEST)THROUGH A CENTRAL ANGLE OF 20°30'26"FOR AN
ARC DISTANCE OF 85.45 FEET; THENCE NORTH 50°22'35"WEST FOR A DISTANCE OF 128.47 FEET;
THENCE NORTHWESTERLY, ALONG THE ARC OF A 114.59 FOOT RADIUS CURVE TO THE RIGHT,
(THE RADIAL BEARING OF WHICH IS NORTH 39°3725" EAST) THROUGH A CENTRAL ANGLE OF
30 032'48" FOR AN ARC DISTANCE OF 61.09 FEET; THENCE NORTH 19°49'47"WEST, 162.21 FEET;
THENCE SOUTH 69 044'55"WEST, 132.24 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST
QUARTER OF SECTION 15; THENCE LEAVING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID
"FRANKLIN COUNTY IRRIGATION DISTRICT No. 1 DRAINAGE CANAL", SOUTH 00°26'24"WEST
ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15 FOR A DISTANCE OF
138.97 FEET TO A POINT OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID "FRANKLIN COUNTY
IRRIGATION DISTRICT No. 1 DRAINAGE CARPAL'; THENCE LEAVING THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 15 AND FOLLOWING THE SOUTHERLY RIGHT-OF-WAY
LINE OF SAID "FRANKLIN COUNTY IRRIGATION DISTRICT No. 1 DRAINAGE CANAL" THE
FOLLOWING COURSES AND DISTANCES: THENCE NORTH 69°44'55"EAST, 50.38 FEET; THENCE
SOUTH 19 050'35"EAST, 29.41 FEET; THENCE SOUTHEASTERLY, ALONG THE ARC OF A 244.59-FOOT
RADIUS CURVE TO THE LEFT, (THE RADIAL BEARING OF WHICH IS NORTH 70°36'05" EAST)
THROUGH A CENTRAL ANGLE OF 30°58'40" FOR AN ARC DISTANCE OF 132.24 FEET; THENCE
SOUTH 50°22'35"EAST, 128.47 FEET; THENCE SOUTHEASTERLY,ALONG THE ARC OF A 108.73-FOOT
RADIUS CURVE TO THE RIGHT, (THE RADIAL BEARING OF WHICH IS SOUTH 39°37'25" WEST)
THROUGH A CENTRAL ANGLE OF 20 030'26" FOR AN ARC DISTANCE OF 38.92 FEET; THENCE
SOUTH 29 052'09"EAST, 58.06 FEET; THENCE SOUTHEASTERLY, ALONG THE ARC OF A 240.18-FOOT
RADIUS CURVE TO THE LEFT, (THE RADIAL BEARING OF WHICH IS NORTH 60°07'51" EAST)
THROUGH A CENTRAL ANGLE OF 39 007'24" FOR AN ARC DISTANCE OF 164.00 FEET; THENCE
SOUTH 68°59'33"EAST, 50.40 FEET; THENCE NORTHEASTERLY, ALONG THE ARC OF A 289.15-FOOT
RADIUS CURVE TO THE LEFT, (THE RADIAL BEARING OF WHICH IS NORTH 01°44'13" EAST)
THROUGH A CENTRAL ANGLE OF 56 034'50"FOR AN ARC DISTANCE OF 285.54 FEET;THENCE NORTH
54 025'37" EAST, 118.39 FEET; THENCE SOUTH 85°46'18" EAST, 110.05 FEET; THENCE
SOUTHEASTERLY, ALONG THE ARC OF A 13.24-FOOT RADIUS CURVE TO THE RIGHT, (THE RADIAL
BEARING OF WHICH IS SOUTH 04°13'42"WEST)THROUGH A CENTRAL ANGLE OF 19°05'55"FOR AN
ARC DISTANCE OF 4.41 FEET; THENCE SOUTH 66°40'23" EAST, 83.04 FEET; THENCE
SOUTHEASTERLY,ALONG THE ARC OF A 273.24-FOOT RADIUS CURVE TO THE LEFT,(THE RADIAL
BEARING OF WHICH IS NORTH 23°19'37" EAST)THROUGH A CENTRAL ANGLE OF 27°19'06" FOR AN
ARC DISTANCE OF 130.28 FEET; THENCE NORTH 86°00'31" EAST, 59.04 FEET; THENCE SOUTH
56 044'01" EAST, 57.86 FEET; THENCE SOUTHEASTERLY,ALONG THE ARC OF A 320.98-FOOT RADIUS
CURVE TO THE LEFT, (THE RADIAL BEARING OF WHICH IS NORTH 33°15'59" EAST) THROUGH A
CENTRAL ANGLE OF 22 024'54" FOR AN ARC DISTANCE OF 125.57 FEET; THENCE SOUTH 79°08'55"
EAST, 134.37 FEET; THENCE SOUTHEASTERLY, ALONG THE ARC OF A 60.98-FOOT RADIUS CURVE
TO THE RIGHT,(THE RADIAL BEARING OF WHICH IS SOUTH 10°51'05"WEST)THROUGH A CENTRAL
CONCOMITANT ZONING AGREEMENT PAGE 2 OF 5
1636147
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11/21/2003 11:42A
PASCO CITY OF ORDIN 34.00 Franklin Co: NA
ANGLE OF 14 020'29" FOR AN ARC DISTANCE OF 15.26 FEET; THENCE SOUTH 64 048'26" EAST, 46.78
FEET;THENCE SOUTHEASTERLY,ALONG THE ARC OF A 320.98-FOOT RADIUS CURVE TO THE LEFT,
(THE RADIAL BEARING OF WHICH IS NORTH 25-11'34" EAST) THROUGH A CENTRAL ANGLE OF
20 002'26" FOR AN ARC DISTANCE OF 112.27 FEET; THENCE SOUTH 84°50'52" EAST, 99.43 FEET;
THENCE SOUTHEASTERLY, ALONG THE ARC OF A 156.48-FOOT RADIUS CURVE TO THE RIGHT,
(THE RADIAL BEARING OF WHICH IS SOUTH 05°09'08" WEST) THROUGH A CENTRAL ANGLE OF
11 013'35" FOR AN ARC DISTANCE OF 30.66 FEET; THENCE SOUTH 73°37'17" EAST, 137.88 FEET;
THENCE NORTHEASTERLY,ALONG THE ARC OF A 244.59-FOOT RADIUS CURVE TO THE LEFT,(THE
RADIAL BEARING OF WHICH IS NORTH 16 022'43" EAST)THROUGH A CENTRAL ANGLE OF 39°21136"
FOR AN ARC DISTANCE OF 168.02 FEET; THENCE NORTH 67°01'07" EAST, 122.11 FEET; THENCE
SOUTH 69012'37" EAST, 69.17 FEET; THENCE SOUTHEASTERLY, ALONG THE ARC OF A 320.98-FOOT
RADIUS CURVE TO THE LEFT, (THE RADIAL BEARING OF WHICH IS NORTH 20°47'23" EAST)
THROUGH A CENTRAL ANGLE OF 17 056'33"FOR AN ARC DISTANCE OF 100.52 FEET;THENCE SOUTH
87°09'10" EAST, 89.42 FEET;THENCE NORTHEASTERLY,ALONG THE ARC OF A 244.59-FOOT RADIUS
CURVE TO THE LEFT, (THE RADIAL BEARING OF WHICH IS NORTH 02°50'50" EAST) THROUGH A
CENTRAL ANGLE OF 28 022'06" FOR AN ARC DISTANCE OF 121.10 FEET; THENCE NORTH 64°2844"
EAST, 57.77 FEET; THENCE NORTHEASTERLY, ALONG THE ARC OF A 156.48-FOOT RADIUS CURVE
TO THE RIGHT,(THE RADIAL BEARING OF WHICH IS SOUTH 25°31'16"EAST)THROUGH A CENTRAL
ANGLE OF 15 001'08" FOR AN ARC DISTANCE OF 41.02 FEET; THENCE NORTH 79°29'52" EAST, 272.55
FEET; THENCE NORTHEASTERLY, ALONG THE ARC OF A 347.46-FOOT RADIUS CURVE TO THE
RIGHT, (THE RADIAL BEARING OF WHICH IS SOUTH 10 030'08"EAST)THROUGH A CENTRAL ANGLE
OF 09 011'43" FOR AN ARC DISTANCE OF 55.76 FEET; THENCE NORTH 88°41'35" EAST, 258.56 FEET;
THENCE NORTHEASTERLY, ALONG THE ARC OF A 539.25-FOOT RADIUS CURVE TO THE LEFT,(THE
RADIAL BEARING OF WHICH IS NORTH 01 018'25"WEST)THROUGH A CENTRAL ANGLE OF 12°12'41"
FOR AN ARC DISTANCE OF 114.93 FEET; THENCE NORTH 76°28'54" EAST, 85.82 FEET; THENCE
EASTERLY, ALONG THE ARC OF A 90.37-FOOT RADIUS CURVE TO THE RIGHT, (THE RADIAL
BEARING OF WHICH IS SOUTH 13 031'06" EAST)THROUGH A CENTRAL ANGLE OF 18°28'14" FOR AN
ARC DISTANCE OF 29.13 FEET; THENCE SOUTH 85°02'52" EAST, 270.62 FEET; THENCE EASTERLY,
ALONG THE ARC OF A 846.20-FOOT RADIUS CURVE TO THE LEFT, (THE RADIAL BEARING OF
WHICH IS NORTH 04 057'08" EAST) THROUGH A CENTRAL ANGLE OF 07°28'44" FOR AN ARC
DISTANCE OF 110.46 FEET; THENCE NORTH 87°28'24" EAST, 136.18 FEET; THENCE NORTH 009313"
EAST, 50.07 FEET; THENCE NORTH 87°28'24" EAST, 361.39 FEET; THENCE NORTH 00°33'33" EAST,
52.93 FEET;THENCE SOUTHEASTERLY,ALONG THE ARC OF A 442.96-FOOT RADIUS CURVE TO THE
RIGHT,(THE RADIAL BEARING OF WHICH IS SOUTH 03°59'05"WEST)THROUGH A CENTRAL ANGLE
OF 02 034'03" FOR AN ARC DISTANCE OF 19.85 FEET; THENCE SOUTH 83°26'52" EAST, 122.91 FEET;
THENCE NORTHEASTERLY,ALONG THE ARC OF A 488.10-FOOT RADIUS CURVE TO THE LEFT,(THE
RADIAL BEARING OF WHICH IS NORTH 06 033'08"EAST)THROUGH A CENTRAL ANGLE OF 14°32'06"
FOR AN ARC DISTANCE OF 123.82 FEET; THENCE NORTH 82°01'02" EAST, 38.99 FEET; THENCE
NORTHEASTERLY,ALONG THE ARC OF A 702.96-FOOT RADIUS CURVE TO THE LEFT,(THE RADIAL
BEARING OF WHICH IS NORTH 07 058'58"WEST)THROUGH A CENTRAL ANGLE OF 09°06'05"FOR AN
ARC DISTANCE OF 111.66 FEET; THENCE NORTH 72°54'57" EAST, 125.99 FEET; THENCE SOUTH
62013'05"EAST, 152.51 FEET;THENCE SOUTHEASTERLY,ALONG THE ARC OF A 416.48-FOOT RADIUS
CURVE TO THE LEFT, (THE RADIAL BEARING OF WHICH IS NORTH 27°46'55" EAST) THROUGH A
CENTRAL ANGLE OF 10 02948" FOR AN ARC DISTANCE OF 76.30 FEET; THENCE SOUTH 72°42'53"
EAST, 238.97 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 15,
SAID POINT BEARS NORTH 00 030'24" EAST, 113.90 FEET FROM THE SOUTHEAST CORNER THEREOF;
THENCE LEAVING THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID "FRANKLIN COUNTY
IRRIGATION DISTRICT No. 1 DRAINAGE CANAL",NORTH 00 030'24" EAST ALONG THE EAST LINE OF
THE SOUTHEAST QUARTER OF SAID SECTION 15 FOR A DISTANCE OF 70.26;THENCE LEAVING THE
EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 15, NORTHWESTERLY, ALONG THE
ARC OF A 150.00-FOOT RADIUS CURVE TO THE LEFT, (THE RADIAL BEARING OF WHICH IS NORTH
89°29'36"WEST)THROUGH A CENTRAL ANGLE OF 67°2749"FOR AN ARC DISTANCE OF 176.62 FEET;
THENCE NORTH 66 057'25" WEST, 3617.92 FEET; THENCE NORTH 14°17'35"WEST,2.75 FEET;THENCE
NORTH 89 035'33" WEST, 659.15 FEET; THENCE SOUTH 00°26'43" WEST, 549.14 FEET;THENCE NORTH
89°35'33"WEST,454.97 FEET;THENCE NORTH 84°31'32"WEST, 515.95 FEET;THENCE NORTH 89°33'36"
WEST, 253.87 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 15, SAID POINT BEARS NORTH 00°26'24" EAST, 1344.87 FEET FROM THE SOUTHWEST
CONCOMITANT ZONING AGREEMENT PAGE 3 OF 5
1636147
Page: 13 of 16
11/21/2003 11:428
PRSCO CITY OF ORDIN 34.00 Franklin Ca, A
CORNER THEREOF; THENCE SOUTH 00°2624" WEST ALONG THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 15 FOR A DISTANCE OF 180.00 FEET TO THE TRUE POINT OF
BEGINNING. CONTAINING APPROXIMATELY 108.86 ACRES
The person(s) whose names are subscribed herein do hereby certify that they
are the sole holders of fee simple interest in the above-described property:
Owners: s +�-�-
r
Owners: !
STATE OF WASHINGTON)
) ss.
County of Franklin)
On this day personally appeared before me Frank Ties and Janet Tie s
to me known to be the individual(s) who
executed the within and foregoing instrument on the lines above as his/her/their free
and voluntary act and deed for the uses and purposes therein mentioned.
Given ujnd` hand and official seal o Lav of November , 2003.
Notary Public In hnd or the State
of Washington, residing at Pasco
•'
1 10
°p
Ij .
Owners:
Owners:
STATE OF WASHINGTON)
ss.
County of Franklin)
On this day personally appeared before me
to me known to be the individual(s) who
executed the within and foregoing instrument on the lines above as his/her/their free
and voluntary act and deed for the uses and purposes therein mentioned.
Given under my hand and official seal of day of ) 2003.
CONCOMITANT ZONING AGREEMENT PAGE 4 OF 5
1636147
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11/21/2003 11:42A
PASCO CITY OF ORDIN 34.00 Franklin Co, WA
CONCOMITANT ZONING AGREEMENT
WHEREAS, the City of Pasco, Washington, a non-charter code city, under the
laws of the State of Washington (Chapter 35A.63 R.C.W. and Article 11, Section 11 of
the Washington State Constitution) 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 Owner(s) of certain property have applied for a rezone of such
property described below within the City's jurisdiction; and
WHEREAS, the City pursuant to R.C.W. 43.12(c), the State Environmental
Policy Act, should mitigate any adverse impacts which might result because of the
proposed rezone; and
WHEREAS, the City of Pasco and the Owner(s) are both interested in
compliance with the Pasco Municipal Code provisions relating to the use and
development of property situated in the City of Pasco, described as follows:
(SEE PAGE 2, #5, LEGAL DESCRIPTION)
WHEREAS, the Owner(s) have indicated willingness to cooperate with the City
of Pasco, its Planning Commission and Planning Department to insure compliance
with the Pasco Zoning Code, and all other local, state and federal laws relating to the
use and development of the above described property; and
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, NOW, THEREFORE,
In the event the above-described property is rezoned by the City of Pasco to R-4
(High Density Residential) and in consideration of that event should it occur, and
subject to the terms and conditions hereinafter stated, the applicant does hereby
covenant and agree as follows:
1. The Owners) promise to comply with all of the terms of the agreement in the event
the City, as full consideration herein grants a rezone on the above-described
property.
2. The Owner(s) agrees to perform the terms set forth in Section 4 of this agreement.
3. This agreement shall be binding on their heirs, assigns, grantees or successors in
interest of the Owner(s) of the property herein described.
4. Conditions:
A. The development shall comply with the following requirements:
1) The number of dwelling units shall be no greater than 25 units per gross
acre.
CONCOMITANT ZONING AGREEMENT PAGE 1 OF 3
1636147
Page: 15 of 16
5. Legal Description: PASCO CITY OF ORDIN 34.00 F a kli29 03 WQ :42A
A TRACT OF LAND IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 9
NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:BEGINNING AT A BUREAU OF RECLAMATION BRASS CAP MARKING THE
WEST QUARTER CORNER OF SAID SECTION 15; THENCE SOUTH 00°26'24" WEST,ALONG THE WEST
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15,FOR A DISTANCE OF 789.22 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 89°35'33" EAST, 1222.86 FEET; THENCE SOUTH
00 026'43" WEST, 549.14 FEET; THENCE NORTH 89°35'33" WEST,454.97 FEET;THENCE NORTH 84°31'32"
WEST, 515.95 FEET;THENCE NORTH 89°33'36" WEST,253.87 FEET TO A POINT ON THE WEST LINE OF
THE SOUTHWEST QUARTER OF SAID SECTION 15, SAID POINT BEARS NORTH 00°26'24" EAST,
1344.87 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 00°26'24" EAST ALONG
THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15 FOR A DISTANCE OF 503.43
FEET TO THE TRUE POINT OF BEGINNING.CONTAINING APPROXIMATELY 14.88 ACRES
The person(s) whose names are subscribed herein do hereby certify that they
are the sole holders of fee simple interest in the above-described property:
Owners:
Owners: t _7
STATE OF WASHINGTON)
) ss.
County of Franklin)
On this day personally appeared before me Frank Ti.eas and Janet Tiegs
to me known to be the individual(s) who
executed the within and foregoing instrument on the lines above as his/her/their free
and voluntary act and deed for the uses and purposes therein mentioned.
Given under my hand and official seal of 3 November
`ON No ary Publi i d for thk State
of Washington, residing at Pasco
�`►"s
`•
Op WA_
Owners:
Owners:
STATE OF WASHINGTON)
) ss.
County of Franklin)
CONCOMITANT ZONING AGREEMENT PAGE 2 OF 3
1636147
- - Page: 16 of 16
11/21/2003 11:42A
PASCO CITY OF ORDIN 34.00 Franklin Co, WA
On this day personally appeared before me
to me known to be the individual(s) who
executed the within and foregoing instrument on the lines above as his/her/their free
and voluntary act and deed for the uses and purposes therein mentioned.
Given under my hand and official seal of day of , 2003.
Notary Public in and for the State
of Washington, residing at
Owners:
Owners:
STATE OF WASHINGTON)
j ss.
County of Franklin)
On this day personally appeared before me
to me known to be the individual(s) who
executed the within and foregoing instrument on the lines above as his/her/their free
and voluntary act and deed for the uses and purposes therein mentioned.
Given under my hand and official seal of day of , 2003.
Notary Public in and for the State
of Washington, residing at
CONCOMITANT ZONING AGREEMENT PAGE 3 OF 3