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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 110 TVP VED A��.�i'� F'O of �' •F.. ..� F2EC! . i Micha'Gi• E. Cooper,4City Attorney City of Pasco -L)q W UU�UTt{'; i ID U SH.. �: P1Kl.4W CU - 6EFUTY .293 Pasco, Wa 3 I ' 380050 R A'. 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. c Y .. y /.._ f-!,•,1�5-,"4t���.r•r, f.�.d t f ,,,i•-i•'`"YF''�'1.-: J T—• ............... • -B.,.r.Q� • ... _ .,d?'Jd_i� ;'�""4Y�:"''-R.�o-tA'11'..F. ,.w.iW'�"„L.1�--d,t ,=—'K '`.-�"'s-�•+�`-.�.-i Wz 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. V- 05 380650 "�' : � . tr . .� ` �,,,¢ e�€''-4'�.,���*'rir.�Xr�`,►�+a,x'; R". � ;' x�`�` "- „ F �a �,-�<,v+� r �.s, 'r � a.� Ayl 4 .rte 3806 50 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. lot Q " 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 , jb 8 197. �' ''''Or 1�^ A A38 650 Not(ary—Public in a•riz� ..vj) `17 '� t,1AW.6ra-te . o Washington, residirsg" 't', 0 N AIN on C"I '.ti ,�,��