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HomeMy WebLinkAbout2067 Ordinance - RecordedORDINANCE NO. 2067 AN ORDINANCE relating to zoning and changing the zone classifications of certain real property within the City of Pasco from R-1 Low Density Residential to RMH-2 Mobile Home Park, 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: Blocks 2, 3, 4, 5, 8, 9, 10, and 11, Plat of Avery's Addition, situated in Franklin County, State of 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 RMI -1-2 Mobile Home Park, as conditioned by Concomitant Zoning Aq•reement which is attached hereto and is identified as Exhibit "2". Section 2. That any and all zoning maps be and are herAy amended to conform to the aforesaid zone change. Section 3. This ordinance shall be in full force and effect after its passage and publication as required by .law. P-SSED by the City Council o.f the City of Pasco this day of , , 1979. Chet Bailie, PR.ayor 4-Tyn_4,_7ells', : City Clerk APPOVED AS TO FORK'[: Den is J. De lic , ity Attorney AMERICAN PACIFIC REZONE r sp I` F i ,p. �+l 1 b".01 k� HIGHLAND -LIL JfL _J_ AIL -1c W L I LLOL 9 10 10 VIEW- . ... .. -13OULEVARD-- - IB BR A WAY T A -6 j it P. ADELIA ST 9A FT, E:El F:z al Z _ —_ 4 J�r 4 =;:=3- -72 s 12 I GED RG ST FE 0 15- 0 4 LJ 0 0 T= M.� I lf� I ALV INA ST Fr -q F. r) FTr 0 FT71 Fln 0 .E 0 0 z L Ki E W 28- 392712 STREET 8 9 7 :'F x F.._',J 13-1 ti < Lw01li Sr t�12J al� 1.0 tizi D" s r 0 U1111 STREET 392712 8 9 7 :'F x F.._',J ST -9. [At. < Lw01li Sr t�12J al� 1.0 tizi D" s r 0 392712 .S , <' 392712 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 i WHEREAS, the Owner(s) of certain property has applied for a rezone of such property described below within the City.'s jurisdiction; j 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 Pascal described as follows: Blocks 2, 3, 4, 5, 8, 9, 10 and 11, Plat of Avery's Addition, situated in Franklin County, State of Washington. WHEREAS, the Owner(s) has indicated willingness to cooperate with the City of Pasco, its Planning Commission and Planning Department 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 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 RMH-2 (Mobile Home Park) 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. • 11� C\J 392'12 ,... . _�.� ,.. ._. - _.7.°.. r¢�'�,�';.Zvi.�.,.aS.�i:'`.`s.�rAas�i.. _ - r�aa.i�OYGf'71[:[.s.: xflA� ate• :'a.�..�_-r..�.ira�..,::r. r::;- - � _._-_. r';:,e`".•'."- -2- 392712 `2 . 'e ,• -t .2. The Owner agrees to perform the terms set forth in Section 4 of this agreement ------------- t�-el-a-t�-a€- crsttted-�r�--e-ewe-sel3ed-�e�e-r-yy--(�}-r-e i 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: A. Unnecessary rights-of-way shall be petitioned by the owner f6r, vacation in accordance with IUW 35.79. B. Extension of sufficient and satisfactory utilities necessary to serve the proposed development shall be provided at the full expense of the owner. C.' The currently limited capacity of the municipal sanitary sewer system shall be reserved by the City of Pasco for 160 dwelling units, but such reservation shall expire one (1) year from the effective date of this agreement. U'J W -i 1C7 WD Cl2 -3- 392'712 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. f Owner s � 1 Y STATE OF WASHINGTON) .ss. County of ) On this day personally appeared before me 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 thel.ein mentioned. Given under my hand and official seal this / day oF'y�j—'' 1979/ ..���'�� Notary Public in and fors. t1•.'�l�► Washington, residing ati�� �• a 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: I By: STATE OF WASHINGTON) :ss County of Franklin ) On this day personally appeared before me to me known to be the of the corporation that executed the within and foregoing 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 said instrument. 19.7 Given under my hand and official seal this day of Notary Public in and for the State of Washington, residing at �1 �s CM FRAM , yPUT`( A 0: 2 392'712