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HomeMy WebLinkAbout2193 Ordinance - Recordedy5,s2ED by the City Council of the City of Paso this day of , 1980. " • " 405073 o(7 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 ' ic:14'3' APPROVEIC1,,A$1, TOcc DORM'. fi it •'. ' .,s ' ' ' ' iNI f -4 • Cf n 11-1 'Ik T : ,.... 16-44,4'1111- e . ic, C JT Attorney , , -, i ‘.• i : 3 .6 .11. .4..x , • , ' ' ' , A 'IP ji ' ''' . : • , 0 t . . . ..c.. 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 Pasco, Wa. r .„ I 11 10 I s) 9 10 9 1 \ 0.04 • 20 1 — 2 .55 \ 1 e,, ..; I •" 6 2 11) II 4 - -15- -14 - 0 I It -2 MINN Mil MPS 14 0 -14 -- 2 IJ ,L= --Z8 1 11•1 ... 2 _J 111 Cr 0 >- -15 X Ui I CO 12 1 - 28 ALVINA --) < - L.1 ___-= 3 - (9 1 D 0 0 el GEORGE A '- 14- -15 Mal MI= -28 — W 1 S T • IP • NIN VINNIIMMI• cn -28 2b 1 \ 8 28 Lii 0 4. t 0 10 I In HIGHLAND _ 1 10 k--' 18 — 18 a te. 5 27-3 5 3 14 • .1 a cc- rffR 1.3 t 2 — —C- * 426. 2.1.1 1 E 17, S CH O O L _1 0 _ P-Arri-K-- 2- V 1 E - t 5 14 9 10 9 BROADWAY 20 10 ti ADELIA En Ea um. moo Nom moo 14- 15- eQ I I 15 - I0 ecir C.) `./ , '4- 7_73- 0 177-71 LOTS 1-3, BLOCK 30, HIGHLAND PARK HONES (ORD # =1 1 -28 Vat 4050'7 3 5. 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 Cr, (-3 4=q "44 1 (15073 i \ .7".:i.,tif;',2'7 4,r17.3.-., ''',...'Vr`t....";n:7' ,-...Nc..a''''' .••••• . 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V ' ,l 1, 4,:".........,e.0 .., .......›. , C.. .., ...,".,' ,d-2.......1% -2- 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 -tirrs st-rue 'C.= -f Fri s property,•aT fs tr-a-t-ed- o±+r- -s-p eta- --t im-e- -17 ei—i-cd 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 ^ $,..14k-4-AY*6,7 e - ."""`, ' n -4i crq qZt1 Cr) , °T=I uzitti 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 A S S -3- 405073 V 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 cirri C'D .‹c ereti mr-1 C'" I 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 , -,-t jvc.r4...'4.14•:%,St., - '.-• n-• --• 1,i, ..• , .,- tat-_,, -W .:, •,‘ •.,-2.., •(-A,,,,s.,..--5,....-.T.r--,a-,:-.?"4 ,-.5-74:,;+?nrr-.;;,&....i "C.C.:.,=0::- , . , . ,,, 7 ‘,........1% C. 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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