HomeMy WebLinkAbout2575 Resolution RESOLUTION NO. 2575
A RESOLUTION approving a preliminary plat for Desert
Estates II.
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 northeast
quarter of the northeast quarter 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 II; 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 II located in the northeast
quarter of the northeast quarter of Section 14, Township 9 North, Range 20 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 onto 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 approve 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.
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5) The developer shall be responsible for improving Road 36 as per the
Development Agreement attached hereto as Exhibit #1.
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 develop 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 15-foot utility easement parallel and
adjacent Burden Boulevard, Road 36, Adobe Drive, and Horizon Drive. A 10-foot
front lot utility easement shall be included parallel and adjacent all other street
rights-of-way.
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 following the pattern established in the Desert Rose Subdivision. 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 required in number 6 above.
14) Prior to final plat approval for any portion of this preliminary plat 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.
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 install 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 incorporated as a part of the recommended conditions of approval as
they apply to this preliminary plat.
17) The plat shall be modified to ensure lots 16 and 17 have a minimum of
10,000 of area.
18) The radius at the intersection of Burden Boulevard and Road 36 shall
be 225 feet.
Passed by the City Council of the City of Pasco this Wh day of March, 2001.
Michael L. Garrison, Mayor
ATTEST: APPROVED AS TO FORM:
Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney
1585761 EXHIBIT# "1„
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PASCO CITY OF RESOL 20.00 Franklin Co, 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 RESOL 20.00 Franklin Co. 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 Cc, 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 Pa o
State of Washington
ss
County of Franklin
On this day personally appeared before me to me
known to be the individual(s) described in an ho executed the wi in 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 ,
Notary Publi in and fo the State of Washington ZUANI
residing at �t / pi
#pt r
Bitton Development Inc R; Pus
���o~oo
OF A
j► N 3
State o ashington
ss
County of Franklin
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 he/she 'd the same as his/her free and voluntary act and
deed, for the uses and purposes therein entioned.
4
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City of Pasco
01/12/2001 04:13P
PASCO CITY OF RESOL 20.00 Franklin Ca, WA
State of Washington
) ss
County of Franklin
On this day personally appe d before me to me
known to be the individu s) described in and who executed the within and foregoing
instrument, and ackn7 edged that he/she did the same as his/her free and voluntary act
and deed, for the uses and purposes therein mentioned.
Given under y hand and official seal this day of , 2000
Notary Public in and for the State of Washington
rding at
Bitton D prrient Inc /
A/
State of Washington .�
ss NOTAR j, s
County of Franklin L%. •
puBC • •��
i.
On this day personally appeared be ? to me
known to be the individual(s) describe 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 /2000
Notary Pub�lii in and for the tate of Washington
residing at V enncvt'-_�C-
Farnario Venture's 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 'n and who executed the within and foregoing
instrument, and acknowledged that tldid the same as their free and voluntary act and
deed, for the uses and purposes tl�ein mentioned.
Given under my hand official seal this day of , 2000
Notary Pu 'c in and for the State of Texas
res'di at
Gerald W. Wolfley Je R. Wolfely
9
State of Texas
) ss
County of Q,
On this day personally appeared before me o 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 t ,2000
Notary Public in a-nA for the State of Texas
residing at Q,(\4� x
SAMI G.HARTSON
Notary Public
STATE OF TEMS
My Comm.EXP.02-042003
�6
1585761
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PASCO CITY OF RESOL 20.00 Franklin Co, WA
State of Oregon
} ss
County of
On this day personally appeared befor a 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
(/ 0-4'e��
State of Texas
ss
County of k�& C
On this day personally appeared before me f r to me
known to be the individual(s) described in and who executed the Athin 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 2000
Notary Public in and for the State of Texas
residing at tea"WX� GINA L. WILSON
NOTARY?U111C, STATE Of TEXAS
MT CUWSSION EXPIRES
MAY 04, 2004
Gerald W. Wolfley Jean R. Wolfely
13'7
NOV-01-00 11 :22 AM MOORE MANSION 5095451725 P. 04
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Pp5C0 CITY OF RESOL 20.00 Franklin Co, WP
City of P s 6
State;of Washington z
ss %
County of Franklin
Oil this day personally appeared beforcme to me
luiown to be the individual(s) des had 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 urposes therein mentioned.
and
under my hand and official seal this day of , 2000
Notary Pu ie in and for the State of Washington
residi Pu t
Bitton Development Inc
i�
State of Washington
) 55
County of Franklin
On thic day personally appeared before me to me
known to be the individual(s)described in and who executed the within and foregoing
instniment, 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 un er my hand and official seal this f day of Polle ,-"4000
Notary Public in and for the State of-`t�n Q�Q
residing at r
SEAL
Farnario Ventures LLC OFPIcIAX
R.HEC!(W MAM
NOTARY PUBLIC-OREGON
COMMISSM NO, 05
EXP B AUG 1,2pp4
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 #'s 117-170-026 and 117-170-
038.
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PASCO CITY OF RESOI 20.00 Franklin Co. WA
EXHIBIT "B"
DEVELOPMENT AGREEMENT LEGAL
Brown & 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 Ws 116-460-018
and 116-470-016
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PASCO CITY OF RESOL 20.00 Franklin Co, WA