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HomeMy WebLinkAbout2099 Ordinance - Recorded4,396031 ORDINANCE NO. 2099 AN ORDINANCE relating to zoning and chan&ing the zone classification of certain real property within the City of Pasco from R-1 (Low Density Residential) to RMH-1 (Mobile Home Subdivision) as conditioned by concomitant zoning agreement. THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: Section 1. The zone classification of the following described real property situated in Pasco, Franklin County, Washington, to -wit: Blocks 17 through 22,'inclusive, and vacated Blocks 23 and 2.4, Highland Park Homes,'according to the plat thereof, recorded in Volume "C" of plats, page 6, records of Franklin County, State of Washington, TOGETHER WITH portions vacated by Ordinance No. 1882, recorded under Auditor's File No. 373873, and EXCEPT portions conveyed to City of Pasco for street purposes by deeds recorded under Auditor's File No. 334711 and 384713, 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 RMH-1 (Mobile Home Subdivision), as conditioned by concomitant zoning agreement which is attached hereto and 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. 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 October , 1979. c Chet Bailie, Mayor AT T: n Wells, City Clerk APPROVED AS TO FORI+: 0 d4 (PISCHEL REZONE - 79-36-Z) D is J. De Flelic "_, City Attorney 396031 REU DS r;r.��`3.<<EOt�E� nc City of Pasco C -T 41b J q2 AH T7 Q 11 t. V., ,r E `ry_ City of Pasco PO Box 293 Pasco, Wa. 99301 In 00 .., �t e-� J 0 3960,31 M M 0 1 mmm 0,6-R K- _ I - �j bJ Q10--- J - > 1 9 Rg BROADWAY I IG I III tire'• •':��:A: ... titin• X4-x-;- 5 14i4 :mow:; ST. 45..• c A 0,6-R K- _ I - �j bJ Q10--- J - > 1 9 Rg BROADWAY -- – -- 77.7U1 EVARD------- 1 20 C : �::: i r :k•:. - r —� — - -- :ti•5v' •:ti•'r' 1 a tti ..I 6 , 15 . 6 15 ... ,, 10ILL, o 11 . I0 I I I1 - 'ADELIA la IS- ia7-15 I4 i5 4 I- la Is I _ _ 1 -- _ GEORGE F14-1 G V jz jj 14 -45 14 15 LJ w c9 U �— 1 zg 00 - �� i_ __ze o L 28 UJ T� T. ALVINA z LE W I S -- _-------- — --- --- I• :X4 tire'• •':��:A: ... titin• X4-x-;- m'; }S::v :mow:; ST. 45..• W > ...... •w. -- – -- 77.7U1 EVARD------- 1 20 C : �::: i r :k•:. - r —� — - -- :ti•5v' •:ti•'r' 1 a tti ..I 6 , 15 . 6 15 ... ,, 10ILL, o 11 . I0 I I I1 - 'ADELIA la IS- ia7-15 I4 i5 4 I- la Is I _ _ 1 -- _ GEORGE F14-1 G V jz jj 14 -45 14 15 LJ w c9 U �— 1 zg 00 - �� i_ __ze o L 28 UJ T� T. ALVINA z LE W I S -- _-------- — --- --- I• :X4 tire'• •':��:A: ... titin• X4-x-;- m'; }S::v :mow:; ST. 45..• ...... •w. • •: 39€ 031. 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.1%. 43.12(c),, the State Environmental Policy 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: Blocks 17 to 22, inclusive, and vacated Blocks 23 and 24, Highland Park Hames, according to the plat thereof recorded in Volume C of Plats,.page 6, records of Franklin County, State of Washington, together with portions of vacated by Ordinance No. 1882 recorded under Auditor's File No. 373873, and EXCEPT portions conveyed to City of Pasco for street purposes by deeds recorded under Auditor's File No.. 384711 and 384713. i WHEREAS, the Owner(s) ha. 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-1 (Mobile Hcm Subdivision) 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 L. a rez/one of 'the above-described property. 00 UJ 4 V✓� O i 396031 . " �-f'���t`���n'�;,'�.�'`Yae '•'4 �.ff-�• i"'�'��'_�t ,t� .4+'`�. 0=7 'a''iY� +�'_'�w �+, '-•�,trri-�-•y 2�'-...."',+�: �fP�-Y.�e. .�- i �`_y'-�2.752�T,_-if . .'.e •.% •:-w.r. r._ +. s-,.s='�.a_� �"r..,�+s.'R7'r.i._ `` !�'�,�,,� ,rY.`.';,t�,lt-� -,� �.-�y�;> #�6 Wit.. f, .s.� ,t� g_.; .,.�,P,. �� yi4,�i:,1. • fyiY r y.�;� ,�r;I` • .+'+, Sa'°T`.n.. �-:: � J''� 4ir i�'?' :i�.�+►�r Ci:c+: *.u:,�: wv..(�C�'�,+ri .0�'r ;'`:.��;t{{, +e,Ca'� - r `:-+• �„ �•` -- -2- 396®3. 2. The Owner agrees to perform the terms set forth in Section 4 of this agreement. ------------ t-4--_- ---'-------t-4-- Ei at 8 ems t-�-i ag m�rr �;-��r}--pri�x'-�v Q�z iz�53Pi -off` any u i Iii n g ---- c�s��-t��e���-tl�-erre--d�s�e�-Zsra'�n'�'p per rrrit-fur TETj--- (-�at��t�'rerr•-�-p�cifi-ezf-'t iZtre-�'razi7 . i 3. This agreement shall be binding on the heirs, assigns, j grantees or successors in interest of the Owner(s) of the property herein described. 4. Conditions: A. A preliminary plat for the property described herein -and in sufficient form and content shall be filed with the City of Pasco within six (6) months from the effective date of this agreement. B. A final plat for the property described herein shall be filed with the Franklin County Auditor within thirty (30) months from the effective date of this agreement. C. The City of Pasco agrees to reserve sanitary sewer capacity for :180 dwelling units within the property described herein for a period of thirty (30) months from the effective date of this agreement. CM IfDGo ua C�2 -3- 396®31 The person(s) whose names are subscribed herein do hereby certify that they are the sole holders.of fee simpPAA4, rest in the above described. property. Owners: STATE OF WASHINGTON) .ss. County of Franklin ) On this� y personally appeared before me' to me known to be the individual(s) :rho 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 the.tein mentioned. Given under my hand and official seal th s daypr�of 197 9.., .�`�F»4tftsir rrrrr Notary P14Zo/ ind`¢s t t e:o i`7ashin ton, residing: ltAy '0,�>, Aa - * * * * * * * * Idy ""' ° 4J`� it • ' \.. 171 r. ,et, 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: BY STATE OF WASHINGTON) :ss County of Franklin.) On this day personally appeared before me _ to me known to be the o.f the coruoration 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. 197 Given under -my hand and official seal this day of Notary Public in and for the State of Washington, residing at • „�.: f _ ri 't:. - i ::�?rk�•t-nxt�:... `,��'�a-''3�`;•,rwli'•,._ '. � '.1..�a ,a .. }�.hd...� �. 396031. J O 9