HomeMy WebLinkAbout2551 Resolution 1585761
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PRS:0 CITY OF RESOL 20.00 Franklin Co. WA
RESOLUTION NO. 2551
A RESOLUTION approving a preliminary plat for Desert Estates.
WHEREAS, RCW 58.17 enables the City to uniformly administer the process
of subdividing property for the overall welfare of the community; and,
WHEREAS, owners and developers of property situated in the east half of
Section 14, Township 9 North, Range 29 East, W.M. have requested approval of a
preliminary plat; and,
WHEREAS, the Planning Commission has reviewed said preliminary plat
which is named Desert Estates; and
WHEREAS, following a public hearing, the Planning Commission found the
proposed plat promoted the general welfare of the community and recommended
said preliminary plat be approved with conditions; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the preliminary plat for Desert Estates located in a portion of the east
half of Section 14, Township 9 North, Range 29 East W.M., is hereby
approved with the following conditions:
1) At the time lots are developed all abutting roads and utilities
shall be developed to City standards. This includes but is not limited to
water and sewer lines, curb, gutter, and streets. Sidewalks must be installed
no later than the time each lot is developed with a house.
2) The City will not accept a sewer system design, which does not
provide gravity flow sewer service to each lot within the preliminary plat.
3) By means of deed restrictions or statements on the face of the
final plat(s), direct access shall be prohibited from lots fronting or backing on
to Road 36 and Burden Boulevard.
4) The applicant shall dedicate the eastern 30 feet of the property
to the City of Pasco for right-of-way purposes prior to approval of a Final Plat
for any Phase within the development. Road 36 shall be improved with each
final plat that abuts the right-of-way that has been dedicated for Road 36.
5) The developer shall be responsible for improving Road 36 as per
the Development Agreement attached hereto as Exhibit # 1.
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PflSCO CITY OF RESOL 20.00 Franklin Co, WA
6) The developer shall be responsible for improving Burden
Boulevard from Road 36 to Road 44. The improvements shall conform to the
provisions of the Development Agreement attached hereto as Exhibit #1.
7) The street names shall be changed to be compatible with the
theme for the neighborhood. The names shall be reviewed and approved by
the City Planner prior to final plat approval.
8) The developer shall be responsible for all costs associated with
construction inspection service expenses incurred by the City of Pasco
Engineering Department.
9) The developer shall insure active and ongoing dust abatement
activities occur during the construction of the subdivision and construction of
the houses thereon.
10) The final plat shall contain a 10-foot utility easement in the
front yard area of all lots. Said easements shall be parallel and adjacent to
all streets. A 10-foot side lot utility easement shall be included in Phase 5
adjacent the east line of lots 3, 6, 11, 13 and 16.
11) A note shall be placed on the face of all final plats stating that
the plat is adjacent the west property line of the actively operating Tri-Cities
Airport and as such this plat will periodically experience airport noise.
12) At the completion of the necessary infrastructure for the lots
abutting Burden Boulevard the developer shall install standard fencing to
separate Burden Boulevard from the abutting lots. The fencing shall be six-
feet in height and sight obstructing. Chain link fencing shall not be deemed
to meet this requirement. Said requirement shall be noted on the face of the
final plat(s).
13) Prior to final plat approval of the phases adjacent Burden
Boulevard the developer shall improve Burden Boulevard as require in
number 6 above.
14) Prior to final plat approval of Phases 1, 2 or 3 the northeasterly
extension of Horizon Drive connecting this plat to the City's existing street
network shall be improved to a full width street meeting City standards.
Prior to final plat approval of Phases 4 or 5 the extension of Rd. 36
connecting this plat to the City's existing street network shall be improved
with a 28 foot wide paved surface with 2 foot shoulders.
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PASCO CITY OF RESOL 20.00 Franklin Co, WA
15) The final plat shall contain the following Franklin County
Public Utility District statement: "The individual or company making
improvements on a lot or lots of this plat is responsible for providing and
installing all trench, conduit, primary vaults, secondary junction boxes, and
backfill for the PUD's primary and secondary distribution system in
accordance with PUD specifications; said individual or company will make
full advance payment of line extension fees and will provide all necessary
utility easements prior to PUD construction and/or connection of any
electrical service to or within the plat."
16) The provisions of the Development Agreement attached as
Exhibit # 1 are hereby approved and the City Manager is authorized to sign
the agreement on behalf of the City and shall require full compliance thereof.
Passed by the City Council of the City of Pasco this 6' day of November,
2000.
21 r ,
ichael L. Garrison, Mayor
ATTEST: APPROVED AS TO FORM:
Catherine Seaman, Deputy City Clerk Leland B. Kerr, City Attorney
1585761 EXHIBIT # "1"
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PASCO CITY OF RESOL 20.00 Franklin Ca, WA
DEVELOPMENT AGREEMENT BETWEEN
The City of Pasco, Farnario Ventures LLC, Bitton Development
Inc., Robert and Janet Brown, Gerald and Jean Wolfley
THIS AGREEMENT is entered into between the City of Pasco, (hereinafter
referred to as the City) Farnario Ventures LLC (hereinafter referred to as
Farnario), Bitton Development Inc. (hereinafter referred to as Bitton), Robert
and Janet Brown (hereinafter referred to as Brown) and Gerald W. and Jean
R Wolfley (hereinafter referred to as Wolfley). The purpose of this agreement
is to clarify responsibilities and obligations with respect to dedications,
streets, street improvements, water and sewer utilities and other items
relating to the development of lands in the Northeast quarter of Section 14,
Township 9 North, Range 29 East and the Southeast quarter of Section 11,
Township 9, Range 29 East all within the City of Pasco, Franklin County
Washington. Full legal descriptions are attached in Exhibits "A" and "B".
WITNESSETH
WHEREAS, on September 21, 2000, Corey Bitton (representing
Farnario Ventures LLC & Bitton Development Inc.) appeared before the
Pasco Planning Commission for the purpose of obtaining a recommendation
for approval of a preliminary plat for Desert Estates; and,
WHEREAS, the Planning Commission recommended approval of the
preliminary plat for Desert Estates with a conditions that the final alignment
of Burden Boulevard be determined by the Public Works Director; and,
WHEREAS, following the pattern that was previously established it
was determined that it would be in the best interest of all for Burden
Boulevard to extend east of Road 44 on the north side of the Section Line as
it does on the west side of Road 44; and,
Whereas, Robert and Janet Brown and Gerald W. and Jean R.
Wolfley are the owners of land within the southeast quarter of Section 11,
Township 9 north Range 29 located directly north of and abutting the
proposed plat for Desert Estates; and,
Whereas, the parties herein or representatives thereof met to
develop mutually acceptable responsibilities with respect to right-of-way
needs and utilities in and between the lands described above; and,
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PASCO CITY OF RSSOL 20.00 Franklin Cc, WA
NOW, THEREFORE, THE PARTIES MUTUALLY COVENANT AND
AGREE AS FOLLOWS:
1.) Farnario and Bitton shall dedicate the eastern 30 feet of the proposed
Desert Estates for the extension of Road 36;
2.) Farnario and Bitton shall install a sewer line in the alignment of Road
36. The design and size of which shall be approved by the City
Engineer. The sewer line shall extend and terminate in a manhole
located 30 feet north of the north line of Section 14;
3.) Farnario and Bitton shall improve that portion of Road 36 abutting
Desert Estates to arterial street standards with a 32 foot wide road
surface and curb and gutter on the west side and a 4 foot wide crushed
rock shoulder on the east side. The design of Road 36 shall
accommodate the future extension of Road 36 to the south;
4.) Brown and Wolfley shall dedicate the south 60 feet of the southeast
quarter of Section 11, Township 9 north, Range 29 east according
records of Franklin county Washington, (from road 44 to the Airport) for
a City street ;
5.) The City will rough grade the right-of-way dedicated by Brown and
Wolfley from Road 36 to Road 44 to accommodate the installation of
sewer and water pipelines by the City as identified in Number 7 and 8.
The grading shall accommodate the road design developed by Farnario
and Bitton and approved by the City Engineer. As a part of that grading
work the City will collect and remove the tires, barrels, lumber and
pickup topper from the Brown and Wolfley property;
6.) To accommodate the grading on Burden Boulevard Brown and Farnario
and Bitton shall provide grading easements for the duration of the
construction activities. Excess soil material from the grading shall be
deposited on the Brown, Wolfley and Farnario property. At the
completion of grading the excess soil deposited on the Brown, Wolfley
and Farnario properties will be stabilized to prevent dust from blowing;
7.) The City will extend the sewer line from the end of Road 36 west in the
right-of-way dedicated by Brown and Wolfley. The sewer will extend up
the hill toward Road 44 approximately 1,000 feet beyond the west line
of the proposed Desert Estates. The City will also extend a sewer line
east from Road 44 as far as elevations will permit. Manholes will be
located in the new sewer lines to permit future extension to the Fargo,
Brown and Wolfley properties. The spacing and number of manholes
will be determined by sound engineering practices. There will be a
manhole set at the intersection of Road 44, the intersection of Road 36
and the proposed street near the west line of Desert Estates. If
engineering and design work for future streets and utilities has been
completed on adjoining properties (Fargo, Brown or Wolfley) prior to
construction of the City sewer. Manholes will be set with stubs to
2
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PASCO CITY OF RESOL 20.00 Franklin Co, WA
accommodate the future streets. The sewer line in Burden Boulevard
will not be installed until Farnario and Bitton complete the sewer line in
Road 36;
8.) The City will extend the water line from Road 36 to Road 44. The water
line will be designed and constructed following City Standards and
proper engineering practices. Connecting stubs will be placed as
dictated by sound engineering.
9.) The City will relocate and modify the irrigation circle on the Brown
property to accommodate the dedicated right-of-way along the south 60
feet of the Brown and Wolfley property. The irrigation circle relocation/
modification will be done at the cost of the City;
10.) Farnario and Bitton shall improve Burden Boulevard to arterial Street
Standards from Road 36 to Road 44. That portion of the Boulevard
adjacent Desert Estates shall be improved to a 32 feet width with curb
and gutter on the south side. The balance of the Boulevard shall be
improved with a 28 foot wide paved surface with 2 foot shoulders.
When fully developed, Burden Boulevard east of Road 44 shall be 38
feet wide with curb and gutter and sidewalks on both sides. Farnario
and Bitton shall complete the required improvements on Burden
Boulevard within six months from the date the City completes the water
and sewer lines in said Boulevard;
11.) When the vacant property between Desert Rose and Desert Estates
(currently owned by Sean Fargo) is developed the developer of that land
shall be responsible for widening Burden Boulevard and placing curb
and gutter on each side of the Boulevard from Road 44 to the west line
of Desert Estates. These required improvements are in-lieu-of the
dedication of right-of-way. All necessary right-of-way will be provided
by Brown and Wolfley;
12.) Sidewalks along Burden Boulevard will be installed at the time permits
are issued for houses on lots adjoining Burden Boulevard;
13.) Farnario and Bitton shall dedicate an easement along the north 20 feet
of Desert Estates for the relocation of the existing power lines;
14.) Work by Farnario and Bitton shall begin within 12 months of City
Council approval of the preliminary plat of Desert Estates with the Road
36 sewer line being installed within 18 months of Council approval of
the preliminary plat. Upon completion of the Road 36 sewer line by
Farnario and Bitton, Brown and Wolfley will dedicated the required
right-of-way for Burden Boulevard. Upon completion of the Road 36
sewer line and the dedication of the Burden Boulevard right-of-way the
City will begin grading and installing the water and sewer lines. The
City will complete its work within 6 months.
3
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PASCO CITY OF RESOL 20.00 Franklin Co, WA
The Covenants and Conditions listed above are
acknowledged and agreed upon by all parities as witnessed
on signature pages below.
of oa4_
State of Washington
} ss
County of Franklin
'i
On this day personally appeared before me 1 �- � :�- to me
known to be the individual(s) described in an ho executed the wAin and foregoing
instrument, and acknowledged that he/she-did the same as his/her free and voluntary act and
deed, for the uses and purposes therein mentioned.
Given under my hand and official seal this day of c_
Notary Publi in and fo the State of Washington ZU1V
residing at
AR r
pU9V
%G
.t
Bitton Development Inc N
7r 44 a `�
OF was'
i
State o ff'Washington
ss
County of Franklin
On this day personally appeared before me to me
known to be the individual(s) described in andhvho executed the within and foregoing
instrument, and acknowledged that he/she.0 the same as his/her free and voluntary act and
deed, for the uses and purposes therein P"ntioned.
i
4
1585761
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City of Pasco PASCO CITY OF RESOL 20.00 Franklin Co, WA
State of Washington
ss
County of Franklin
/fir
On this day personally,apped before me to me
known to be the individu s) described in and who executed the within and foregoing
instrument, and acknoX edged that he/she_did the same as his/her free and voluntary act
and deed, for the u 9 and purposes therein mentioned.
Given under hand and official seal this day of , 2000
,i
Not Public in and for the State of Washington
rWding at
.n
Bitton p_: �pment Inc
/l r
`,agaQti�l�P-
.• ••• .
State of Washington .�
) ss NQ1ARy S
County of Franklin w;k.• PUB G
On this day personally appeared Ml- •• to me
known to be the individual(s) describeT� Wr executed the within and foregoing
instrument, and acknowledged that he/she-did the same as his/her free and voluntary act
and deed, for the uses and purposes therein mentioned.
Given under my hand and official seal this day of(10J 2000
lle"4�4 -"& —CT)_J
Notary Publi in and for the State of Washington
residing at V f5�� %1. U�
Farnario Ventures LLC
1585761
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PASCO CITY OF RESOL 20.00 Franklin Co, WA
On this day personally appeared before me to me
known to be the individual(s) described;in and who executed the within and foregoing
instrument, and acknowledged that tlf y did the same as their free and voluntary act and
deed, for the uses and purposephrem mentioned.
Given under my hand"fficial seal this day of , 2000
Notary Pu 'c in and for the State of Texas
res'�at
Gerald W. Wolfley Jet, R. Wolfely
/o�
State of Texas
) ss
County of
On this day personally appeared before me to me
known to be the individual(s) described in and who executed the within and foregoing
instrument, and acknowledged that they did the same as their free and voluntary act and
deed, for the uses and purposes therein mentioned.
Given under my hand and official seal this day of ���Qt r 2000
Notary Public in and for the State of Texas
residing at \A ;;4� -
SAMI G.HARTSON
Notary Public
STAT€OF TEXAS
MY Comm.Exp.02-04,0003
�6
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PASCO CITY OF RESOL 20.00 Franklin Cc, WA
State of Oregon
} ss
County of
On this day personally appeared befor c to me
known to be the individual(s) des ed in and who executed the within and foregoing
instrument, and acknowledge at he_did the same as his free and voluntary act and
deed, for the uses and p ses therein mentioned.
Given under my h and official seal this day of , 2000
Notary blic in and for the State of Oregon
res' ng at
Robert Brown Janet Brown
State of Texas
) ss
County of kljr&
On this day personally appeared before me&4e f xd o me
known to be the individual(s) described in and who executed the eithin and foregoing
instrument, and acknowledged that they did the same as their free and voluntary act and
deed, for the uses and purposes therein mentioned.
Given under my hand and official seal this day of i i i, 2000
Notary Public in an for the S ate of Texas
residing at It GINA L. WILSON
C, NOTARY P011C,STATE Of TEXAS
MY COMMISSION EXPIRES
MAY 04, 2001
Gerald W. Wolfley Jean R. Wolfely
1,5'7
NOV-01-00 11 :22 AM MOORE MANSION 5095451726 P. 04
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PASCO CITY OF RE50L 20.00 Franklin Co, WA
City of Pas 96
Slate)of Washington
) ss ll
County of Franklin
Oil this day personally appeared beforo tte to me
known to he the individual(s) described in and who executed the within and foregoing
instrument, and acknowledged.that he/she-did the same as his/her free and voluntary act
and deed, for the uses and purposes therein mentioned.
Given under my hang}'*and official seal this day of ,2000
Notary Pu le in and for the State of Washington
rcsid4 at
Bitton Development Inc
State ot'Wasflington
)ss
County of Franklin
(fin this clay personally appeared before me to me
known to be the individual(s)described in and who executed the within and foregoing
instrument, and acknowledged that heJshe_did the same as his/her free and voluntary act
and deed, for the uses and purposes therein mentioned.
Given under my hand and official seal this day of PO v',-^�—b X1000
Notary Public in and for the State of-Veasfttqton
residing at I.f��. U
OFFICIAL SEAL
Farnario Ventures LLC IL HECKMAN
NOTARY PUBLIC-OREGON
COMMISSION N0.331051
MY COMMMN Eo fEs 1,2004
� g
EXHIBIT "A"
DEVELOPMENT AGREEMENT LEGAL
Bitton & Farnario Property
The northeast quarter of the northeast quarter of Section 14,
Township 9, North Range 29 East W.M., Except that portion
deeded to Pasco School District 1 as recorded in the Franklin
County Court House under parcel Ws 117-170-026 and 117-170-
038.
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EXHIBIT "B"
DEVELOPMENT AGREEMENT LEGAL
Brown 8. Wolfley Property
The west half of the west half of the southwest quarter of the
southeast quarter and the south half of the northwest quarter of
the southeast of Section 11, Township 9, North Range 29 East
W.M., together with east half of the southwest quarter of the
southeast quarter and the east half of the west half of the
southwest quarter of the southeast quarter and all of the southeast
quarter of the southeast quarter of said Section 11 as recorded in
the Franklin County Court House under parcel #'s 116-460-018
and 116-470-016
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PASCO CITY OF RESOL 20.00 Franklin Ca, WA-