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
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• •: 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.
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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
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2. The Owner agrees to perform the terms set forth in Section 4
of this agreement. ------------
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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.
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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
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.�`�F»4tftsir rrrrr
Notary P14Zo/ ind`¢s t t e:o
i`7ashin ton, residing: ltAy
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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
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