HomeMy WebLinkAbout3818 Ordinance - Recorded 1696276
Page: 1 of 16
01/24/2007 02:40P
PRSCO CITY OF ORDIN 47.00 Franklin Co, WA
WHEN RECORDED RETURN TO: -- -- _
City of Pasco
Community Development Department
P.O.Box 293 ORDINANCE NO.
Pasco,WA 99301
AN ORDINANCE of the City of Pasco, Washington, Amending the Zoning Classification of
Certain Real Property Located within Coles Estates from R-T (Residential Transition) to R-
1 (Low Density Residential)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, 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 municipal infrastructure is available to the neighborhood. There has
also been a shifted from agricultural functions to residential within the area; (D) the request for change
in zoning classification was issued a Determination of Nonsignificance under the Washington State
Environmental Policy Act; and (E) the effect of the requested change in zoning classification will not
be materially detrimental to the immediate vicinity, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS
FOLLOWS:
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-T (Residential
Transition) to R-1 (Low Density Residential) for the real property as shown in the Exhibit "1" attached
hereto and described as follows:
Lots 1, 2, 3, 4 and Lots 13, 14, 15, 16 and 17, Coles Estates
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. This ordinance shall take full force and effect five (5) days after its approval, passage
and publication as required by law.
1696276
Page: 2 of 16
01/24/2007 02:40P
PASCO CITY OF ORDIN 47.00 Franklin Co, WA
PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law
this 16`h day of January 2007.
jJ on
ATTEST: APPROVED AS TO FORM:
Sandy Ken rthy Leland B. Kerr
Deputy City Clerk City Attorney
0 1 m
■sir r i 1._ ,�� •
CU
. . . : . : N ,
•
a !
1696276
Page: 4 of 4
01/24/2007 02:40P
"Exhibit# 2)f
PASCO CITY OF ORDIN 47.00 Franklin Co, WA
w CONI OWT ANT 7.ONiNG AGREEMENT
A 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 I 1 of the Washington State Constitution) has
authority to enact laws and enter into agreements to promote the health, safety and welfare of its cifvcns, and
UJ thetctiy control the use and development of property within its jurisdiction;and
O
WHEREAS, the Owner(s) of certain property have applied for a rezone of such property described
below within the City's jurisdiction;and
O
WHEREAS, the City pursuant to R.C.W. 43.12(c), the State F.iMt nmental Policy Act, should
mitigate any adverse impacts whicli m'ght result because of the proposed rc7one;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,
dcscribcd as follows:
(SEE PAGE 2,#5,LEGAL DESCRIPTION)
WHEREAS,the Owncr(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
tho rights and luterests of the public by this concomitant agreement,NOW,THEREFORE,
In the event the a'pove-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 Vie terms and conditions
hercinaAcr stated,the applicant does hereby covenant and agree as follows:
1, The Owncr(s)promise to comply with all of the terms of the agreement in the event the City,av 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(;,)of the property herein described_
4. Conditions:
1) The minimum ]ot size for Lots 15, 16, and 17 Coles Estates shall be 9,000
square feet;
2) The minimum lot size for iota 13, 14,and Lots 1,2,3,and 4 Coles Estates shall
be 8,500 square feet,
5, Legal Description:
Lots 1, 2, 3, 4 and Lots 13, 14, 15, 16, and 17 Cel.es Estates
The person(s)whose names are subscribed herein do hereby certify that they are the sole holders of fee
simple interesr in the above-described property:
1696276
Page: 5 of 16
STATE OF WASHiNGTON) 01/24/2007 02:40P
'?��9� )SS. PASCO CITY OF ORDIN 47.00 Franklin Co, WA
County'of�Frnrlk+tr�
Or this day personally appeared before me KI M�,JLL� �A4L ou�d KtM,1(�� din known
to be the individuals) wino executed the 'Withit and foregoing instrument an the lines above theirihis tvped
nEmes and acknowledged c i�he sigled the lhby_ _ as their/his free and voluntary act and deed for the
use{and purposes therein tncutioned.
Criven under my hand and official seal of � l day or JLin1&ILJ ,-
CD3,
J
Notary Public Not Public in and for die re l
State of Washington of Washington,residing at.�4L-
M CYNTHIA SANCHEZ
My Appolntrnent Expires Jun 22, 2009
141C 4 e is subscribed herein doe hereby certify the h corporation
the sole holder of ree simpte inrerest in tl-ie above-described property, 7Cl--z —�-
owncr:
$Y'
STATE OF WASHINGTON)
6e H-o j )ss.
County of-F�ar�ir, )
On this rP*v day personally appeared before me
to me known to be the
m OC t c r� N1, VN- LIIG !Aty of the corporation that executed the within and foregoing
instrument, and acknowledged that said instrument to be the fret and voltmta.ry act and dead of said corporation
for tlic uses and purposes rherei- montivned and on oath stated that he was xuthorizcd to execute said
instrument.
Given under try hand and of-cial seat this day of �LT1 200 .
Not Publi�C.
Notary Public of W ishington,residing at U0 (* ,
State or Washngton
M CYNTHIA SANCHEZ
My Appointment Expires Jun 22, 2009
l✓C)'JCCJMTTA.NT ZONING AGREEMENT rage 2 of 2
1696276
Page: 6 of 16
01/24/2007 02:40P
PRSCO CITY OF ORDIN 47.00 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 RC.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:
1) The minimum lot size for Lots 15, 16,and 17 Coles Estates shall be 9,000
square feet;
2) The minimum lot size for Lots 13, 14,and Lots 1,2,3,and 4 Coles Estates
shall be 8,500 square feet;
5. Legal Description:
Lots 1,2,3,4 and Lots 13, 14, 15, 16,and 17 Coles Estates
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:
Susan Benson G�ty Hutteball
1696276
Page: 7 of 16
1111101/24/2007 02:40P
PRSCO CITY OF ORDIN 47.00 Franklin Co, WA
Cis
SS.
County --
On this day personally appeared before me //��y1P\Q-�I �` U Cl to me
known to be the individual(s)who executed the within and foreg ing instrument on the lines above
their/his typed names and acknowledged they/he signed the i z be4 as their/his free and voluntary
act and deed for the uses and purposes therein mentioned.
Given under my hand and official seal of day of— cal CR n "Q-0 0�1 ,
20077.
NOTARY PUBLIC b11c in and for the State
STATE OF NEVADA of V �-t'residing at�
County of Clark t Q a C�Q
SRIGETTE BOWEN
I Ex Tres 4.2010
Me t of the corporation whose name is subscribed herein does hereby certify that the
corporation is the sole holder of fee simple interest in the above-described proper
Owner:
T�
By:
f')1?J
STATE
C1c.eV, )ss.
County of FmW" )
On this day ersonally appeared before me
C A��t 1 < , �4::� - k to me known to be the
ownte of the corporation that executed the within and
foregoing instrument,and acknowledged that said instrument to be the free and voluntary act and deed of
said corporation for the uses and purposes therein mentioned and on oath stated that he was authorized to
execute said instrument.
Given under my hand and official seal this day of �0�` ,200
Notary Ic—m and or the State
of V g m,residing at��.
NOTARY PUBLIC f)QtC`01 C1Ck
STATE OF NEVADA
County of Clerk
BRIGETTE BOWEN
i ment Eyp1m May 4,2010
State of Utah 1696276
Page: 8 of 16
01/24/2007 02:40P
PASCO CITY OF ORDIN 47.00 Franklin Co, WA
County Of Davis
On this 10`h day of January, 2007,personally appeared before me Susan Benson, known
to be the individual who executed the within and foregoing instrument on the lines above her
name and acknowledged she signed the agreement as her free and voluntary act and deed for the
uses and purposes therein mentioned.
.✓'°'r"�� BONNIE MOON �Nota ublic
NOTARY PURUC•STATE OFUTAN
a" E 1582 South 500 West Suits 100
,$ Bountitut,UT84010
br. d /�n� /� q/�
reee
COMM,EXP.06-10.2010
1696276
Page: 9 of 16 "Exhibit # 2"
1111111111111111111111111191/24/2007 02:40P
PASCO CITY OF ORQIN 47.00 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 2,45,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:
1) The minimum lot size for Lots 15, 16, and 17 Coles Estates shall be 9,000
square feet;
2) The minimum lot size for Lots 13, 14, and Lots 1, 2, 3, and 4 Coles Estates shall
be 8,500 square feet;
5. Legal Description:
Lots 1, 2, 3, 4 and Lots 13, 14, 15, 16, and 17 Coles Estates
The person(s)whose names are subscribed herein do hereby certify that th�v are the sole holders of fee
simple interest in the above-described property: ,
Owners, /
1696276
Page: 10 of 16
111111111111101/24/2007 02:40P
STATE OF WASHINGTON) PRSCO CITY OF ORDIN 47.00 Franklin Cc, WA
)Ss' — _ _.
County of Franklin ) /?o G S`k,v ejov 4G 4-
On this day personally appeared before moV a rb-tky A4. .SG 4 o e a �_ to me known
to be the individual(s) who executed the within and foregoing instrument on IN lines above their/his typed
names and acknowledged they/he signed the as their/his free and voluntary act and deed for the
uses and purposes therein mentioned.
Giue ja��&ny��rnd and official seal of �'F�-' day of ��N V UC-Y
200'1. +P�itES��p'fit/'�
4 s? ��
6�'i`=
C) s0 < < v 0 :21
a p CA ` Not ry Public in anto r th to
.%�y of ashington, resi at S�-o wA—
T r'�
The agent of the corporation whose name is subscribed herein does hereby certify that the corporation
is the sole holder of fee simple interest in the above-described property.
Owner:
By.,
STATE OF WASHINGTON)
)ss.
County of Franklin )
On this day personally appeared before me
to me known to be the
of the corporation that executed the within and foregoing
instrument, and acknowledged that said instrument to be the free and voluntary act and deed of said
corporation for the uses and purposes therein mentioned and on oath stated that he was authorized to execute
said instrument.
Given under my hand and official seal this day of , 200 .
Notary Public in and for the State
of Washington, residing at
CONCOMITANT ZONING A GREEMENTPA GE 2 OF 3
11696276
Page: 11 of 16 "Exhibit #2"
01/24/2007 02:40P
PASCO CITY OF ORDIN 47.00 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 RC.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 RC.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:
1) The minimum lot size for Lots 15, 16, and 17 Coles Estates shall be 9,000
square feet;
2) The minimum lot size for Lots 13, 14, and Lots 1, 2, 3, and 4 Coles Estates shall
be 8,500 square feet;
5. Legal Description:
Lots 1, 2, 3, 4 and Lots 13, 14, 15, 16, and 17 Coles Estates
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:1,0'Z�Q r
1696276
Page: 12 of 16
STATE OF WASHINGTON) 01/24/2007 02:40P
1 PASCO CITY OF ORDIN 47.00 Franklin Co, WA
_ N
)Ss. - ---—- --
County of )
On this day personally appeared before me AYQ�-�[Qzj; to me known
to be the individualoo who executed the within and foregoing instrument on the lines above s/hWayped
names and acknowledged thole signed the 4(:,Rj..e as three and voluntary act and deed for the
uses and purposes therein mentioned.
Given under my hand and official seal of day of -)AAa,+s44(2_�!
200 `�,� ..AN�FR
c, NCT�9 A :7- �;Wla ubl in an r the State
yY a I i n, residing at Vic.
The agent o' R+�tose name is subscribed herein does hereby certify that the corporation
is the sole holder offee�l ��in the above-described property.
Owner:
By:
STATE OF WASHINGTON)
)SS.
County of Franklin )
On this day personally appeared before me
to me known to be the
of the corporation that executed the within and foregoing
instrument, and acknowledged that said instrument to be the free and voluntary act and deed of said
corporation for the uses and purposes therein mentioned and on oath stated that he was authorized to execute
said instrument.
Given under my hand and official seal this day of 200—.
Notary Public in and for the State
of Washington, residing at
CONCOMITANT ZONING A GREEMENTPA GE 2 OF 3
1696276
Page: 13 of 16
01/24/2007 02:40P "Exhibit#2"
PASC IT OF ORDIN 47.00 Franklin Co, WA COPY QUALITY OF ORIGINAL
--- -----_-- coNCOmoncANr ZOMM AGMNU Wr MAY NOT REPRODUCE
1 WIMZFAS,the City Of Payee Wuhingt r% a non<harbu cede city,WdOr the Isar of the,State of
,WaWngton(C72pter 35A.63 RC-W.and Atrdcle 11, See*= 11 of the Washington State Constitution)bas
vthixity to crteet laws and eater rata tgrouromts to prpRiote the hevltb,saft:ty and welfne of its d i=k,acid
i rcby cpnti0l tbD D!e and dvm%pmw of property within its jutisdictiuo;and
WF7)MAlS,the Owits(s)of aatain Property bavc applied for a,===of sttch property described
below wkbtn the OYs jadsdietionc and
WHEREAS, the City pitnuatit to R.C:W. 43.1201 Ow Stage BnvirontttenW Policy Act, sbauld
tttitiga tc any adverse j,Mc s which might rtsalt bec use of dLe proposed rrbm ;and
WEMAS,the City of Pasco and the Owncr(s)am both.vttrTemd to compliancc amt the Pasco
Municipal Code provisions telatitg to the use amd developwM of property sited in the City of Pasco,
descn'bed as follows:
(nX PA.GS 2,0&LICAL DESCRII ow)
WHEREAS,the Owner(s)have tndieated willirgnesa to Cooperate with the City of Pasco,itr Plartaing
C rr mis—and Phoning Deparbhent to haam compba m with the Pasco 7.omng Code,aitd all other local,
state and fcdcral laws relating to the we and development of tbo above dcaetibad proporty,and
WMW.the City,in addition to civil and grywml sari Wm availebk by law.dmmm to eaforcc
the rights and brttrests of two public by this e0000nuentt agrantme,NOW,TNER$FM,
In &e event& abov"wcdW property to rmioncd by the City of Pasco to R-1 OWW Deasilf
R&idantial) vW in corocidatation of that V.,= should it omm, sod subject to tim cetera; acid coff4wtw
hareinaft dsfed,tike spp3fcaat does beseby covoanot and agme as fot tows:
1. The OWOWS)promise to comply whh an of the mma of dye agitomm in the event the City:as 5rli
consideration herein gmuft a romm an the above-deserr'bed LrePepty.
2. The Owac 0)egret t0 Perms t 0 term set forth in Section 4 of t6 agrt w:m
3. This agretnnent dWff be bn%hng om ttow hairs,assigns,grantees or tmosssosa in&*WM of the
Owner(n)of doe property herein d=mbed.
4. Conditiaars:
1) 'The tniaatarm lot size fvr Lots 15, 16, and 17 Cooks E m%p "be 9,000
MMM feet-,
2) The minimum lot$ize fat L4*l3, 14,and Lots 1.2,3,and 4 Coles Fafatas shall
be 8,500 square foes
5. LCW Dcscription:
Lot-14 1, 2,3,4 told lots 13, 14, 15, 16,and 17 Caks FWatee
The pmmKs)whose tutee t are subscribed herein do that they an the sole bowm of fee
si►mPk tretaregt is tba abo�de9cribed prvpcRY'
r
} 1696276
Page: 14 of 16
01/24/2007 02:4013
PASCO CITY OF ORDIN 47.00 Franklin Co, WA
ZTty"
OF W I�1G�OIVj - a - - — --- - -
COPY QUALITY OF ORIGINAL
' ) MAY NOT REPRODUCE
On this day PAY apPeated before an me kooWn
fi be�C indi��dual(s)wfin executed the•vt foreg ' lastwneaa m the�Above thrwft typed
iz»and wjmowtedged theyl�Signed tl►e/TP2mel'4/tbeir/�froe and v' kwomy pct end deed ft the
Um and parposes therein mtepbm2ted.
Ic
Given uadcr M hand sad oflteial seal of day of
2001-
LNOTARY ANET BIRD
PUBLIC a ;
E OF WASHINGTON
MISSION EXPIRES *'*'
is sub—it ed heteI dos hereby owdfy fMR ate corporation
iR the sol afin¢le interest in the a tried prapetty.
OSua:
STAn OF WASH7NMON)
Asa
County of hanklin )
Ott this day Personally RVC=d before me
to IN known to be dw
of the corpottttiom that executed t lc Wnin and foregoing
instrtmtent,and aolatowledged that said inetmMem to be the free and voluntary ad and dead of said corpmMlon
$r file vsea and ptnposcs therein owdioned and on oath skied that he was m9horized to exacate said
ire blocrlt
G"ven under my band and oft3 ial awl this day of ,200—,
Notary Public in nerd for the Sbo
of Washatgton,rmidtm at
i
COWrANT ZONM AC RMd&s1 'PA(W 2 OF 3
i
i
i
i
i
1696276
"
Page: 15 of 16 "Exhibit # 2"
01/24/2007 02:40P
PRSCO CITY OF ORDIN _47.00 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 l l 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.
j 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
j Owner(s)of the property herein described.
4. Conditions:
1) The minimum lot size for Lots 15, 16, and 17 Coles Estates shall be 9,000
square feet;
2) The minimum lot size for Lots 13, 14, and Lots 1,2, 3,and 4 Coles Estates shall
be 8,500 square feet;
5. Legal Description:
Lots 1, 2, 3, 4 and Lots 13, 14, 15, 16, and 17 Coles Estates
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: ,o
Owners: C.
i
16'96276
STATE OF W, Page: 16 of 16
)ss. 01/24/2007 02:40P
County of ) PASCO CITY OF — ORDIN 47.00 Franklin Co_ WA
On this day personally appeared before me (Teoreia 4 Amny Af,- (urr+✓ to me known
to be the individual(s) who executed the within and foregoing instrument on the lines bove theirA4* typed
names and acknowledged they/Re-signed the OxhiL-i'-#a as their/leis free and voluntary act and deed for the
uses and purposes therein mentioned.
Given under my hand and official seal of e'? day of
200
ism Notar P is i and for the State 00FAff OW•SWE 11 y 5416 WEgj III*WA� residing at
�r.FoRK, ut aUS EM l�1I40
The agent of the corporation whose name is subscribed herein does hereby certify that the corporation
is the sole holder of fee simple interest in the above-described property.
Owner:
By:
STATE OF WASHINGTON)
)ss.
County of Franklin
j O this day personally appeared before me
to a known to be the
of the corporation that ecuted the within and foregoing
instrument,and acknowledged that said instrument to be the free and vol tary act and deed of said corporation
for the uses and purposes therein mentioned and on oath state at he was authorized to execute said
instrument.
Given under my hand and official seal is day of ,200
Notary Public in and for the Stat
of Washington,residing at
I
CONCOMITANT ZONING AGREEMENT PAGE 2 OF 3