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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