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HomeMy WebLinkAbout2195 Ordinance - RecordedOjASSED by the City Council of the City of Pasco this 6 day of , 1980. Chet Bailie, Mayor Pasco u City of PO Box Pasco, Wa. 99301 z4cNTIc i-;;1S7ty Clerk .?? 'isikweomolo • ,1 t25 .771/1 1e, City Attorney 4 . .. Jii;t4c9 1 ,10' '11 RECORDED IN VOL 1.41 or OFfir,,IAL RECORDS PAGE 410 'F:GUEST OF City of Pasco OCT R II o2gTi49 80, cr ioiti,.tT OR 1- OUNTY, WASH DEPUTY I(-20+ cz=i1 ' ; :91 405075 ORDINANCE NO. 2195 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: All of Block 4, A.M. Wehe's White House 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 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. 405 O5 I I HIGHLAND IC 18 t_ -1 I k • -^ 2r--1 11- 5 7 5 t4 -,•9 5 14 5 3 9 9 io BROADWAY 201 GEORGE • A P-4-1/-14- V 1 E — 18 r- LU fis.0 e.‘ 5 20 20 14- 15 c, 0 1. atlittZt 1111 VIM AMMON MIL VAT lo Ii ADELIA 14- -15- 3 —28 cc- 13 0 1 0 15 -14- 28 ALVINA La , al ID= r Id 0 2 f.1.1 IS 2 28 - LE WI S ACIMMnMIN/Mm............ 14 BLOCK 4, A rl WEHE'S` WHITEHOUSE ADDITION ' (ORD # , W1-141- 1E R SCHOOL =soft Vi67- U.< •sr 1=1 MIN Nam -13 - =6 = Si I L.11 14 t- _ •*- , , d 101.• 4 700)04t \ 51 0 t.) ‘ itS 0 0 0 Oril 300, Ow n % , .n 011 lood_ ,- • '461" fro • 1 Lit I0 18 Q. 10 0 -"s" VLS•-•"" CONCOMITANT LON1NG 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 Enviionmental Policy Act, should mitigate any adverse impacts which might result because of the proposed rezone, and WHERLAS, the City of Pasco and the Owner (d) 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 All of Block 4, A M Wehe's Whitehouse Addition 1N1IERLAS, 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 teueral 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 R -2 (Medium Density Residential) City of Pa'-'co to 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) promlse to comply with all of the terms of this agreement in the event the City, as full consideration herein, grants a rezone of the abo\,e-described property U10 lc,2 4 / CL. cis=.-1 4•4 405075 ' - - _ . --,, .._._.__,,, .,,, ,,„ ..,..-.. ,,,„ --„,...,---,0,."--1..; .,...V......--'..."5;•'. 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The Owner agrees to perform the terms set forth in Section 4 of this agreement ,-_1=1.4,,es-e-Norrre .)---(-a--)--wTtftrn -d-exte--af - t-h-r s - a-g-r e err= t -; - prror- -to - o-cra pal-ro7 - 7)-f- -a riy al-EcT TIT con-s-truc-t-erd -o-rr -ther -above=c1=fit-e-d- property; 1d) prior 1.o -Efie issuance f miy titrrtda -trg - prrri t - cl.) tsta-ted --crtIler --g-15ec-i-f-±erl - --t-rm-e--per-rozt)- 7 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 Development is limited to 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, utility4related improvements , 405075 et"le*i4; 'Vs •••• • • , • • -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)‹ -7 /XLA,-0KA, 2' STATE OF WASHINGTON) SS County of Franklin ) On this day personally appeared before me ZI/e c a ci " to me known to be the indiviauai(s) who 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 thelein mentioned. Given under my hand and official seal this , / day ., r 1", ‹i.tii° 't-4/ - 1", ‘; - 4-. 4 , re " f'" Notary Public in and for tlile.,teek!,o2,/,k;-- Washington, residing at ,,,s,,,'- q,41, .V-_,(j'/;1 , --/ 4 ''" 1,1,t 1 980 . * * * * * * * * 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 of the corporation 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. Given under my hand and official seal this day of 197 Notary Public in and for the State of Washington, residing at 405075 CAI CV" •CC Ck=1 ;f4'4 •••n•4 s AFFIDAVIT OF PUBLICATION COUNTY OF Franklin Iss 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 County, is now and during all of said time was printed in an office maintained place of publication of said newspaper That the annexed is a true legal advertisement Ord. # 2195 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 malEntxmcgtg, commencing on the 10th day of OC t ,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 $ 27 0 00 has been paid in full, also at the rate of Ordinance No 2195 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 Counil 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 All of Block 4, A M Wehe s White House Addition, as depicted in the map at- tached hereto and Identified as Exh'..r.t "1", be and the same ill hereby changed from R-4 Low Density Resi identical o R 2 Medium Den- sity Reo,Idential, as conditiCned by concomitant zoning agreement which is attached hereto and is hien tified 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 low Passed by the City Coun cil of the City of Pasco this 6 day of October, 1980 $ Chet Bailie, Mayor Attest -s Evelyn Wells City Clerk n Approved as to form s- Dennis J De Felice, City Attorney Legal No 901"1 — Oct 10, 1980 paper in Washington, and at the aforesaid copy of a 4• in.@ 6.00 = 27.00 day of Oct. Subscribed and sworn to before me this 10th 19 80 Notary Public in and for the State of Washington residing at Pasco 1 INANCE 'APAR I'MENT i509) 513 3401 Scan 726-3401 P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 October 7, 1980 Tri City Herald P 0 Box 2608 Pasco, Washington 99302 Gentl emen 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