HomeMy WebLinkAbout1957 Ordinance - Recorded3SO650
ORDINANCE NO. 1957
AN ORDINANCE relating to zoning and changing the zone classification
of certain real property within the City of Pasco from
R-1 Low Density Residential to R-3 High Density
Residential.
THE COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS:.
Section 1. That the zone classification of the following
described property situate in Pasco, Franklin County, Washington,
to -wit:
Lots 16 through and including 20, Kelly's Addition to
Pasco
be and the same is hereby changed from R-1 Low Density Residential to
R-3 High Density Residentialx and as conditioned by the concomitant agreement which
is attached hereto and is identified as Exhibit "I".
Section 2. That any and all zoning maps be and are hereby
amended to conform to the aforesaid zone change.
Section 3. That this Ordinance be in full force and effect
after the passage and publication as required by law.
PASSED by the Council of the City of Pasco this 24 day of
April , 1978.
Chet Bailie, Mayor
hes
' n VJ.e l 3C, ��i ty Clerk
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of
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Micha'Gi• E. Cooper,4City Attorney City of Pasco
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380650
CONCOMITANT ZONING AGREEMENT
E.
WHEREAS, the City.of Pasco, Washington, a non -charter code
S.• city, under, the,laws of'.the State of Washington (Chapter 35A.63 R.C.j`T.
and Article 11, Section 11 of the Washington State Constitution) has
authority to enact laws and enter into agreements to procriote the
t�•'••• health
,..; , safety and welfare of its citizens, and thereby control the
use and development of property -within its jursidiction; and
WHEREAS; the Owner(s) of certain property has 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 Police 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:
LOTS 16, 17, 18, 19, & 20 OF KELLEYS. ADDITION, PLAT THEREOF
RECORDED IN VOLUME "C" OF PLATS, PAGE 101, RECORDS
OF FRANKLIN COUNTY; WASHINGTON.
WHEREAS, the Owner(s) ha indicated willingness to cooperate
with the City of Pasco, its Planning Commission and Planning Depa,:tment
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 arld 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-3
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 this
agreement in the event the City, as full consideration herein, grants
a rezpone of the above-described property.
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380650
1) The Owner agrees +_ perform the terms set forth in Section 4
of this agreement (choose one). (a) within 12 �R?IYaI") (months) of
the date of this agreement; (b) prior to occupancy of any building
constructed on,"the above-described property; (c) prior to the issuance
of any building permit for this construction on this property; (d)
(stated other specified time period).
3. This agreement shall be binding on the heris, assigns,
grantees or successors in interest of the Owners) of the property
herein described.
4. Conditions:
CONSTRUCT'BUILDING OR BUILDINGS. SAID BUILDING,OR BUILDINGS NOT
TO EXCEED ONE STORY ABOVE GROUND LEVEL. DATUM FOR MEASUREMENT TO
BE PREVAILING ALLEY ELEVATION EAST OF PROPERTY. SHOULD A BUILDING
PERMIT AND CONSTRUCTION COMMENCE FOR A BUILDING OR BUILDINGS IN CON-
FORMANCE WITH THE ABOVE CONDITION NOT OCCUR WITHIN THE PERIOD SET
FORTH UNDER CONDITION #2 ZONING WILL REVERT BACK TO R-1.
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380650
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The person(s) whose names are subscribed herein do hereby
certify that they are the sole holders of simple interest .in the
above described property.
Owne
STATE OF WASHINGTON)
:ss.
County of Franklin )
On this day personally appeared before
�A AIVZ/� fP_ to me known to be the
indivi ual(s) who executed the within and foregoing instrumen.-on the
lines above their typed names and acknowledged that the le same
as their free and voluntary act and deed for the uses and.�u•
therein mentioned.
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Given .under. my hand and. official seal this:;
19 7
M lolr CoA
N tar Public in atnd of
Washington, residing
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:
STATE OF WASHINGTON)
:.ss
County of Franklin ).
On this day personally appeared before me 1. �, Gfye t
to me known to be the
of the corporation that executed the within and foregbiiig 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 si�c3 °i}ument.
Given under my hand and. official seal thisrllle_. �'.4 ,
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A A38 650
Not(ary—Public in a•riz� ..vj) `17 '� t,1AW.6ra-te . o
Washington, residirsg" 't',
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