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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. f 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„ Page: 4 of 13 01/12/2001 04:13P 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, 1585751 Papa: 5 of 13 01/12/2001 04:138 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 1585751 Page: 6 of 13 01/12/2001 04:13P 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 1585761 Page: T of 13 01/12/2001 04:13P 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 1585761 Page: 8 of 13 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 Page: 9 of 13 01/12/2001 04:13P 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 Pag*: 10 of 13 01/12/2001 04:13P 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 1585761 Page: 11 of 13 01/12/2001 04:13P 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. 1585761 Pass: 12 of 13 01/12/2001 04:13P 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 1585761 pa *i 13 of 13 01/12/2001 64:13P PASCO CITY OF RESOL 20.00 Franklin Co, WA