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HomeMy WebLinkAbout2192 Ordinance - Recorded••••n•, Chet Bailie, Mayor AT - A (Ir:7(ir, g veLyUCity Cle/x ..... AS U'dK5 FORM: ; n ...4.6U1kn e 3.4 1 a.4 , LA_ :Fel -pe, City Attorney C4A3 Cniv b44. r"21M RECORDFD:NVOL 141 OF UMW_ RECORDS F'ACF343 7-ClUF,T 01 City of Pasco OCT It 01. fit‘i 'W,JITOR .RAWKIq COM 'WASH EPUTY _ City of Pasco PO Box Oqi Pasco, Wa. 99301 • „ if: .1 • 4 S II t7' a(/ 7- - 405072, ORDINANCE NO. 2102 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-2 Medium 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: Lots 1 through 9, inclusive, Block 31, Plat of Highland Park Homes, as depicted in the map attached hereto and identified as Exhibit "1", be and the same is hereby changed from R-1 Low Density Residential to R-2 Medium Density Residential, as conditioned by concomitant zoning agreement which is attached hereto 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. This ordinance shall be in full force and effect after its passage and publication as required by law. OyASSED by the City Council of the City of Pasco this day of , 1980. BROADWAY 10 - V 1E .4- - - 18 14 a, 1.1 ] 9 5 3 1 ...L Q... 0 I0 HIGHLAND 10 5 274- 5 3 t 4 In 11 10 ; It 1 9 a, 0 1. f 10 18 • ••• • vA 0 1 11111111111 MEN 8 Pt I j 4LJ. -$0 Igo a 0. fie. In Wo a WI.' )01 fts 0 0 L.) 1 irr• 1.4 15 10 15 a 5 0 15 5 13 12 1 0 -14- Is -.4 -15- 0- 4. 13.1 GEORGE 14- -15 'Om hi 0 28 ALVINA -13 - wH4TTIER, srt-loot, 2 8 LEWIS foj 1 — 4 - -15 _J 0 1 -- -28 14 - 7:73- 7= 1 —28 LOTS 1-9, BLOCK 31 HIGHLAND PARK HOMES (ORD # 7 fea 405072 • 1 • L tONCOMITANT LONLNG AGREEMENT WHEREAS, the City of Pasco, Washington, a non-charter code city, under the laws of the State of Washington (Chapter 35A.63 R.0 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 Y 43 12(c), the State Enviionmental Policy Act, should mitigate any adverse impacts which might result because of the proposed rezone, and WHEREAS, the City of Pasco and the Owner(k) 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 1 -9 (inclusive), Block 31, Plat of Highland Park Homes WHEREAS, the Owner() 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 pioperty, 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 Clt. of Pa-,co to R -2 (Medium Pansity Residential) and in consideration of that event should IL occur, and subject to the terms and conditions hereinafter stated, the applicant does heieby 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 rezone of the abw,e-described property 405072 Cra -c„rr r, , >ts., 'ea • A c A••• . N'Y • /...„ f , " •••n-• "\OC‘;' ••••nn ••n-n2 v. ••n••,...-0- -2- 2 The 0 n ner agrees to perform the terms set forth in Section 4 of this agreement {e-h-uo .se -crne -)--(-a} tdayst --(-munttrs•-)- at-e- -of - -a-gr iuentt b-)- Triur --to --accup-a-ncy -cf 'Yu-ti1 -117 - ccm-stracted--crn - tire' -ab-ave =d-e-sc ra-b-e-cl -Trr-cypm--e-y7 --(-cr -DTTO r -fa 1.-he issuance o --y --bid rng rmi for hI Ofl Ut ri -flTtrfi s property, icrr 1-s-tut et- t rit-r -spr fTh-cr -t1:11 -pYr-i-c5n -y 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 Owner agrees to participate in future Local Improvement District (L I.D ) for standard street, utility and related improvements 405072 P 4 ?`1'4441:444".Fr....e ° •-•4` — — k 04 e ,••".‘ C'D -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. Seattle-First National Bank, Trustee under the Will of 1.1. Grigg and Trustee under agreement Owners --vrith Mabel White ist Vice President & rust Officer STATE OF WASHINGTON) S S County of Franklin ) On this day personally appeared before me to me known to be the individual(s) uho e\ecuted the within and foregoing instrument on the lines above their typed names and acknowledged that the signed the same as their free and voluntary act and deed for the uses and purposes theiein mentioned Given under my hand and official seal this day of 197 Notary Public in and for the State of Washington, residing at * * * * * * * * The agent of the corporation whose name is subscribed herein does hereb; certify that the corporation is the sole holder of fee simple Interest in the above described property OWNER By STATE OF WASHINGT011) SS County of Franklin ) On this day personally appeared before me James A Piche and Lyle W Gerber to me known to be the Assistant Vice President & Vice of tne corporation that executed the within and foregoing instrumer sident 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 Given under my hand and official seal this / day of 1 9gd 405072 ,,E ,-,-A-;;;;%.,,-/ ----e-\ s...--.0" ''''''.4',"./..„.2.."-cai r ra' ,'T 1 v.„zer t'.41 n• Z.; , --'3., ' ,41., ,I...,.----4--e-::'-'r ,,,,,---.4.----:-..AP \'''''''''4-1-47 ' ''';":`",'-''-‘-i- ".' 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", },—..,, , *•-• •., + AFFIDAVIT OF PUBLICATION COUNTY OF Franklin )ss STATE OF WASHINGTON Phyllis Graves , being first duly sworn on oath deposes and says she is the Principal Clerk of the Tri-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and It is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily news- paper in Fra4lin County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copy of a legal advertisement Ord. # 2192 as it was printed in the regular and entire issue of the Tri-City Herald itself and not in a supplement thereof, for a period of one time 467MaTulreVENN, commencing on the 10th day of Oct. ,19 80, and ending on the day of , 19 , and that said newspaper was regularly distributed to its subscribers during all of this period That the full amount of $ 30 00 has been paid in full, also at the rate of 5 in.@ 6.00 = 30.00 Subscribed and sworn to before me this 1 3th day of , 19 80 d Ordinance No 2192 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 2 Medium Density Residential, as conditioned by con comitant zoning agreement The City Council of the City of Pasco does ordain as follows Section 1 That the zone classification of the follow mg described real property situated in Pasco, Franklin County, Washington, to wit Lots 1 through 9 in clusive, Block 31, Plat of Highland Park Homes, as depicted in the map attached hereto and Went' lied as Exhibit "1 , be and the same' is hereby changed from R I Low Density Resi dentil*,-to R 2 Medium Den say V Residential, as conditioned by concomitant zoning agreement which is attached hereto and is iden titled 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 Coun cil of the City of Pasco this 6 day of October, 1980 s Chet Bailie, Mayor Attest s Evelyn Wells City Clerk Approved as to form S Dennis J De Felice City Attorney Legal No 9085 — Oct 10, 1980 Notary Public in and for the State of Washington residing at Pasco FINANCE DEPARTMENT (509) 545 3401 Scan 726-3401 CITY of "talf tg AV" —04.1g74anTii.Ef.?a ,a, .1.40;44A Jilt P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 October 7, 1980 Tri City Herald P 0 Box 2608 Pasco, Washington 99302 Gentlemen Please publish the attached Ordinances on the following date October 10, 1980 Please send two (2) Affidavits of Publication for each Sincerely yours, Evelyn Wells City Clerk ew