HomeMy WebLinkAbout2193 Ordinance - Recordedy5,s2ED by the City Council of the City of Paso this day
of , 1980.
" • "
405073
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ORDINANCE NO. 2193
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, 2 and 3, Block 30, 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.
Chet Bailie, Mayor
Eve ynN17-4, City Clerk
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REDDR1DInVOL 1141
OF OFriiir, RECORDS
PACr_"33g - -ourF I or
City of l'asco
OCT 9 ep. isifyi AiJori ON I
felto ,OPQOONTY,WASN
DEPUTY
City of Pasco
PO Box
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2.
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 ot such property described below within the City's jurisdiction;
and
WHEREAS, the City pursuant to R C V 43 12(c), the State
Enviionmenlal 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
Lots 1-3 (inclusive), Block 30, Plat of
Highland Park Homes
1NHERLAS, the Owner(k) 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 tederal laws relating to the use and development of the above
described poperLy, and
WHERLAS, 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
Cit. of Paso to R -2 (Medium Density Residential) and in consideration
of that event should it occur, and subject to the terms and conditions
hereinaftei stated, the applicant does hereby covenant and agree as
follows
1 The Ownei (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 abm,e-described property
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2 The Olhner agrees to perform the terms set forth in Section 4
of this agreement eehtro -s-e -tn-re.)---(-a-)--wa.thin rct - FM-fit ri -s-)--c5f -
t 14 e- eerrte-ri t-; - - (-Jo io-r- -to - ue -ca p-a-n-c 7 - -0-f ariy -nu= ng
e-efl-S-tTue-t-eci-o-n--th-e--aberve --de-s-c-ribud- property:- --(-e-)- pri-ar -t-c7 -t he issuance
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3. This agreement eirs, ent shall be binding on the assigns,
grantees or successors in interest of the Owner(s) of the property
herein described
4 Conditions
A Development is limited to individual duplex structures at an
approximate density ratio of 1 dwelling unit/6,000 square feet
B Owner agrees to participate in future Local Improvement District
(L I D ) for standard street, utility and related improvements
405073
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STATE OF WASHINGTON)
County of Franklin )
under agreement with Mabel White, and
Owners as Trustee under the Will of 1.1,,
stn-Vice President &
st Officer
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-3- 405073
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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
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 herebj certify that the corporation is the sole holder of fee
simple interest in the above described property
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OWNER
By
STATE OF WASHINGTON)
ss
County of Franklin )
On this day personally appeared before me James A Piche and Lyle W
Gerber to me known to be the Asst Vice President & Voe r s,
of the corporation that ev.ecuted the within and foregoing instrumen dent
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.
19g_a_
Given under my hand and official seal this // day of
Notary Public in and for the State of
Washington, residing at turcsr ag.14{,A ,op
405073
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AFFIDAVIT OF PUBLICATION
COUNTY OF Franklin
)ss
STATE OF WASHINGTON
Phyllis Gtaves , being first duly sworn on oath deposes
she Principal Clerk and says is the 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 Franklin 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. # 2193
as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a
supplement thereof, for a period of one time cmgonolumisz commencing
on the 10th day of 00t0 , 19 80 , and
newspaper was regularly distributed to its subscribers during all of this period
ending on the day of , 19 , and that said
That the full amount of $ 27.00
has been paid in full, also at the rate of
Ordinance No 2193
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
I The City Council of the
Fits, of Pasco does ordain
as follows
Section 1 That the zone
classification of the follow-
ing described real property
situated in Pasco, Franklin
County, Wa%ShIngton, to-wit
Lots 1, 2)and 3, Block 30,
Plat of Highland Park
Homes, GS depicted in the
map atta,ched hereto and
i dentified as Exhibit "1", be
and the same is hereby
changed from R 1 Low Den-
sity Residential to R 2 Me-
dium Density Residential, as
conditioned by concomitant
zoning agreement which is
,attached hereto and Is iden-
tified as Exhibit '2'
Section 2 That any and ,
ail zoning maps be and are
,hereby amended to confokm
to the aforesaid zone
change
Section 3 This ordinance
shall be in full force and
!effect after its passage and
I 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 9086 — Oct 10,
1980 -
4* in.@ 6.00 = 27,00
eed4
3th day of ()et
Subscribed and sworn to before me this , 19 80
Notar y Public in and for the State of Was ington residin g at Pasco
FINAN( E DEPAR1 MEN r
(5091 511 1101
Scan 726-3401
1461VliffIrt
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 kend two (2) Affidavits of Publication for each
Sincerely yours,
Evelyn Wells
City Clerk
ew