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Home My WebLink About2019 Ordinance - Recorded- ' 1387972 U� • Y= ' 387618— ORDINANCE NO. 2019 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 as conditioned by concomitant zoning agreement. THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: Section 1. That the zone classification of the following described real property situated in Pasco, Franklin County, Washington, to -wit: The north 209 feet of,the west 290 feet of the south 380 feet of the southeast- quarter of the southeast quarter of the southwest quarter of Section 19, Township 9 North, Range 30 East, W.M., records of Franklin County, Washington, as depicted in the map attached hereto and identified as Exhibit "l", be and the same is hereby changed from R-1 Low Density Residential to R-3 High Density Residential as conditioned by concomitant zoning agreement which is attached and is identified as Exhibit "2". 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 shall be in full force and effect after its passage and publication as required by law. PASSED by the City Council of the City of Pasco this 15 day of fir: January 1979. L'J AT 10 D L11 ve yn Wells, City Clerk 'tF 0'x101'"L'OUES J Ems...« -s _.. R� e.:;i T , APP OVED AS. -TO FORM: AN .` tom--- 7L1011�i Tu"v� AIJii!1�1t Den is J. De Feli e, City Attorney X18 Ct�U1aTY�t�liY' fir ►1d 0L ti 91L T0: (CASSEN'S REZONE) v-4 JAN 39 FoRl�KL4N OU TY, WASK. DEPUTY MAIL To- -S ay 38'797"" -x-347 �! 93vf r 5 j 6 4 135 4 , • • J 14 tea:-*•'�, 6 13 6 c RL 9 IA 10 4 3 2 1 = _I7 rH5Z 18 _ 2_ 18_ 17 16 41 1615 1514 .•`• 5 .4... X432 1 6 7 13 1T. 6 7- 13- 12_ i 8 _I I 8 - 1I - -10 9 > t 4 3 2 1 RR22 �I 2 I .11 9 g 16 HOWARD 12 17 J 2G 10 4 IT 11 18 � 19 I It 3 I9- 1 2 3 4 5 617 8 9 10 i 18- IL' -A 1y 2 19 20 17 I_3 20 333 3! 29"'8 7"'6 5 4 312 21 16 IS 14 S I_ 20 —1.-- 20 I 16 1 16 I ( 10 9 2 19 2 19_ O1 ._. 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I 2 3 ,1., .• r, t, 0 B7'G54� - U 3=, ST. 9 RI 2 3 43' ' { ra1fI :I � 8- Q �\�, • PAR K > _ �2 _ LLJ m_z I' NIXON 387972 6- ' CONCOMITANT ZONING AGREEMENT WHEREAS, the City of Pasco, Washington, a non -charter code city, under the laws of the State of Washington (Chapter 35A.63 R.C.W. and Article 11, Section 11 of the Washington State Constitution) has authority to enact laws and enter into agreements to promote .the 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 Pasco4. described as follows: The North 209 feet of the West 290 feet of the South 380 feet of the Southeast Quarter of the Southeast Quarter of the Southwest Quarter of Section'19, Township 9 North, Range 30 East, W.M., Franklin County, Washington. WHEREAS, the Owner(s) has indicated willingness to cooperate nj with the City of Pasco, its Planning Commission and Planning Department to insure compliance with the Pasco Zoning .Code, and all other local,IT OX 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 and 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 (High Density Residential) 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 1 agreement in the event the City, as full consideration herein, grants a rezpone of the above-described property. u 3879'72 'J s 38'79`72 -2- 2. The Owner agrees to perform the terms set forth in Section 4 of this agreement (choose one) (a) within (days).(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). NOT APPLICABLE 3. This agreement shall be binding on the heirs, assigns, grantees or successors in interest of the Owner(s) of the property herein described. 4. Conditions: Development of the property heretofore described shall substantially conform to the development plan prepared by Anderson Associates dated November 1978 for the subject property and submitted voluntarily by the owner and on file with the City of Pasco Planning Division in Master s:_.:. File #78-40-Z. ._...---._:._....-_.....�._.....___.__�._..._.._..___ �..__.__.__.___�..._.._...__. - -- 387972 w • s 38'79`72 -2- 2. The Owner agrees to perform the terms set forth in Section 4 of this agreement (choose one) (a) within (days).(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). NOT APPLICABLE 3. This agreement shall be binding on the heirs, assigns, grantees or successors in interest of the Owner(s) of the property herein described. 4. Conditions: Development of the property heretofore described shall substantially conform to the development plan prepared by Anderson Associates dated November 1978 for the subject property and submitted voluntarily by the owner and on file with the City of Pasco Planning Division in Master s:_.:. File #78-40-Z. ._...---._:._....-_.....�._.....___.__�._..._.._..___ �..__.__.__.___�..._.._...__. - -- 387972 3g_7972 -3- The person(s) whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the above described property. Owners: STATE OF WASHINGTON) .ss. County of Franklin ) On this day personally appeared before me W z2 rYe 61 f9S (f 1119 S to me known to be the individual(s) who executed the within and foregoing instrument on the lines above their typed names and acknowledged that they signed the same as their free and voluntary.act and deed for the uses and purposes A'ca I tit 1142}}{ thel.ein mentioned. Given under my hand and official seal this 7 �� // //�i�� d. •.1_nom „°.:7 F N t is in and 56r? t rtti3.te o j ashington, residing''14�4 • ,G:� '`��., The agent of the corporation whose name issubscribed herein does hereby certify that the corporation is the sole holder of fee simple interest in the above described property. LIM STATE OF WASHINGTON) :ss County of Franklin ) On this da personallybefore me S Y appeared neared P� to me known to be the Q of the corporation that executed the within and foregoing instrument,', s 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 said instr ent. Given under my hand and official seal this l Q..day of 19.7. 1 rj o tart' -t -m Washington, c in an -d -,T, residin�ja -"S MR51 1!111111111` >�. fft 38'79'72