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Home My WebLink About2194 Ordinance - Recorded,r"ti - (city Clerk t -.041-419, Fec.e, City Attorney ....... .;244giAM AlS41,1p 1,J ORM : x ° 42 4f)50,7,1 2 a ORDINANCE NO. 219A 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 5 through 10, inclusive, Block 5, A.M. Wehe's First Addition, 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. ED by the City Council of the City of Pasco this day of , 1980. Chet Bailie, Mayor RECORDEDINVOLIAL OF OFIALRECORDS FACroWaEOULSTOF City of Pasco OCT R ti O2@ 1 v44 ; -RAI4t, Lit; 4 )Uli1Y,VIA)4, DEPUTY 4 e*d4 og-4 C .0 405f 174 City of Pasco PO Box Pasco, Wa. s-c , a \E) 11 10 I I II 10 I n HIGHLAND IC 18 1 -1 - 5 5 3 Li 14 14 5 I 14 3 • LJJ 9 19 9 BROADWAY ••• 4.= IOC 28 2 1.) 1 5 6 `A •• 11011°1 -Z. ta":0 L\ ifs 7 f5 k IC -_ - ___ -- — 18 1 8 i 1 20 \;\',1 2 ...n•n••• 18 .1_ Li I NMI 20 > Ftt, LI I l I 0 Is) 11 \ • a oft. • 'A ADELIA F14- -15 - , I — -28 3 GEORGE 14 =-Ir Li 15 -r 13.1 0 a ...1111da 1.1 \-5 - 28 ALVINA -13- L: 7 LE WI S 28 =is WH1T IE, 5cl-foot. tvl ron ovoo 01" • ..1rW it0.11111n••nn01....0101/0 114 r LOTS 5-10, BLOCK 5, WEHE'S ADDITION (ORD # 441 405074 czzll qzstr '42Zti :73 1 10 II LONCO11TANT 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.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 W 43 12(c), the State Lnvitonmental 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 5 -10 (inclusive), Block 5, A M Wehe's First Addition WHEREAS, 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 feueral 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 Cit of Pa ,-co to R -2 (Medium Density Residential and in consideration of that c\,Lril, should it occur, and subject to the terms and conditions hereinaftet stated, the applicant does hereby covenant and agree as follows 1 The Owner(s) promrse to comply with all of the terms of this agreement in the event the City, as full consideration herein, grant5 1c,, H4.11t a rezone of the abm,e-described property 405074 r L ..____„,.....,,.....„,„,,....,,,,_ c„....„,„....._,..._ _,...„...,,,,>._..._"___ _„,„.........,_."....__. ,..,,.......c, ... .._.,4 „, ,.... s.. .0- ,-”,.. .„, ,,,-7,..41.T qa::',:e ,,,,r-t'4",.-s." e;,:v".,e:•• ''''";:" , -,-,„--•-_;`,.„7::,,tr.7,4:4n4,:r..:;2.7.3,...--- -..-.. , -N-,,-.. ,,,,tyt,,,e,,,....., , -, v >4..,1/4,,, , ,,.. 7,,, - s=4,, “ .e..,•: ,, , ,, .7%.„ ..,AZ2,7 w...Y.,,,„ • • „.. ' ... , , e , . - '-`,.- - ''' ,.---- - ` "4 ' -,j ,,- ' ' _,....,„ ., _reet..0. .3. , ial: .. ''' • /, ( sts"..., _:074.:-.,..,`•5' ••'' 4- .ro, •:"%,„. • • .,-.' ••••• /.„'..,,. 2-,./ "" `'. ;";‘,C , r..\ -. .:. .... c.'„ - -4' ., ,!1"/„. 'Re, . ,/•.'t , ' , l" .„..,"" +4 •-• , ''''',,,, I'', '`' ' 't --.... ,. c....,....f ...,! .) 1 -... i• .1.'4 .'4,, ..--"" -, ..q -.e. „.... .... „, c,....'",N; " -1.,.J, - • • • • • I • n•,* -2-- 2. The Ov,ner agrees to perform the terms set forth in Section 4 of this agreement fe -h-o-o-se--errre}--h3r)--wa-thm-rr LI-re- -date- -o f --L-1-ris - agre i uent--- b -) -pr ira-- -to - ucc I:17=c -af —a-ny -17)IFETC1.-n-g tyrrs-t r rm.-be d - urr - ttre --alornre-d -e-s-craiyeri -p-r-o.pe-r-t7y; - -(-G-)- - ja,r-Lo -t.c4 - - of- -a-rr y - tau Icrg Trern I -t- -fa -t711 s con strucion on -ttri-s--proper -tyr --(-d-)- -( s Led--crtht-i--sp -e-c-rf re-d" t1flT prr dj - 33 This agreement 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 CL I D ) for standard street, utility and related improvements 4050'74 - 04k...fAV - ,r ,•'6-7"._1•••,. 7j..:4":..C'74...:?'; ..:'4:YrIreji ;'-'57:,24eif Ieor'.4'''C';'4-4.5.k btrV'r:'-'4`4.1.'":If4''"''' 74 ' • -044 4 r +0.3 0. T.- 4. r -.R. • •14•C...A. "'"r-r• %fn.. ..4t 1'141 ‘4•11-}Lr.i. .-c,7„,v • -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 Owners %Mr Attorney-in-fact for E. E. Dutton and Coye Dutton STATE OF WASHINGTON) SS County of Franklin ) individual(s) cho e\ecuted the wit the On this day personally appeared before me /b/ 77 A, ,,e/3 and foregoing instrument on the to me known to be e lines abo\ie their typed names and acknowledged that they signed the same as their free and voluntary act and deed for the uses and pu,r1a6 4 ' theiein mentioned • :; • Given under my hand and official seal this O% rnae34; 41 • r".;„c%,043171;71";",.0." 0.--014gMil&12.2 1414 ss\ Notary Public in and for '41E9/16., Washington, residing at * * * * * * * * 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 1 By STATE OF WASHINGTON) ss County of Franklin ) On this day personally appeared before me to me known to be the of the corporation that evecuted 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 Given under my hand and official seal this day of 197 Notary Public in and for the State of Washington, residing at qt:14 CV.) LO •zi eZZ:ti 405074. 441" L',76A4Z",-1,.1.5;4, #7 -";;;,x 4 fi.e1,7 „, • ,,_ 4 ..)-tra,'14",... V". 4.444,`..g".4;.!''', , -3` "r4.0.ri•Ne .„, 4(.7• "+.45.2"- -"" AFFIDAVIT OF PUBLICATION COUNTY OF Franklin )ss STATE OF WASHINGTON Phyllis Graves , 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- Franklin paper in County, Washington, and is now and during all of said time was printed in an office maintained at t. ,e aforesaid place of publication of said newspaper That the annexed is a true copy of a legal advertisement Ord. # 2194 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 proccelaymnetg, commencing on the 10th day of Oot. ,1980 , 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 $ 30000 has been paid in full, also at the rate of 5 ine@ 6.00 = 30.00 Ordinance No 2194 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 ing described real property situated in Pasco, Franklin County, Washington to wit Lots 5 through 10, in clusive, Block 5, A M Wehe's First Addition, as depicted in the map at tached hereto and identified as Exhibit '1", be and the same is Vo,reby changed from R 1 Low Density Resi dential to 1-2 Medium Den sity Residential, as condition0 by concomitant zoning agreement which is attached hereto and is iden titled as Exhibit '2 Section 2 That any and all zoning mops 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 9087 — Oct 10, 1980 13th (kLycd Oct. Subscribed and sworn to before me this ,19 80 • Notary Public in and for the State of Washington, residing at Pasco INAN( E DEPARTMENT 1509) 513 3'101 Scan 726 32,01 CITY of AV 413......., nt. if ita _ inuasobv;d4.9.4m: werveZtvrar. 1,1 ,..tamougii4-1 ,4,..4,41...;-- '4...m.v--4-..kr.,,,....w,i4.-tt,4,:r.t..v P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 October 7, 1980 In City Herald P 0 Box 2608 Pasco, Washington 99302 Gentl emen Please publish the attached Ordinances on the following date October 10, 1980 Please 6end two (2) Affidavits of Publication for each Sincerely yours, Evelyn Wells Ci ty Clerk ew