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Home My WebLink About2204 Ordinance - Recorded4()57zfS ORDINANCE NO. 2204 AN ORDINANCE relating to zoning and changing the zone classification of certain real property within the City of Pasco from R-2 Medium Density Residential to R-3 High 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: Block 17, Riverside Addition to Pasco, as depicted in the map attached hereto and identified as Exhibit #1, be and the same is hereby changed from R-2 Medium Density Residential to R-3 High 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. PASSED by the City Council of the City of Pasco this 3 day of lovember , 1980. Chet Bailie, Mayor Evelyn Wells, City Clerk APPROVED AS TO FORM: teetdg Dennis J. De Felice, City Attorney 011, RECORDED IN VOL 3-42 RECORDS "AGE PLGUES1 OF NtICVIY (3f2.3-:13:411;r1 A- .t. OUHTY , Y4ASH TY TO P.O. Box 293 Pasco, WA 99301 (Larson Rezone, 80-42-7) 405749 , 4105749 — S loth Ave — — ^ T- • ON • •••• • >A.Arn • S 9th Ave I "I 11 I -I r .;rrTirr•rwi - - — I 1 •- -I - 1.4 .• n A. A.A. A.a. ......\ - LJ /4 • I 44 lit I 'II tag allr S Ath Ave Ik..0 S 7th Lorm 1.•-• s •srl-Irev-y1 c / I / It - c•-•-rviv."..-IN-r, • . • L't J....L. L ., La.a“ .ouk / h... ... S 7th Ave ..... •-• • • s r3,-• • • t --• 37 . cr taans 9 jnN I. .._L _tiJStStt.Stt S Atli Ave I. ,.- 3 i MIL like i It / 1 411,144.14 OS SOO IQ 1 I • li • t • I I I I, 4 I i 4 / t i • i if /1111-411.1......., ...I I , ....... • S 6th Ave CC.) k ,1-1010:i;" e • CN2 PINII11111111111111=1115m - K < < 'AC111 " • I I-- acHisti - "A." mzuum.icE 4k. I E t r S 4th lar* ";<,, rrs r I 1--A 11...•••••••••n••••n•••mv.e.•••••••n• lAiL4fet* 405745 LONCOM12ANT 601,1,1G AGREEMENT 2 - a c7 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 pursidiction, 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 Lnviionmental 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, desclibed as follows Block 17, Riverside Addition to Pasco 1 n 111AU,AS , the Owner (s) 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 ielating to the use and development of the above described [lopert, and WHERLA5, 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 ,-Lo to R -3 (High Density Residential) and in consideration of that evcnt4 should IL 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 agieement Ln the event the Lity, as full consideration herein, grants a rezone oL the ahok,e-de ,,cribed propert 40574 9 r-4 "•%:-",„' 7 cr' " p „J.% • ^.• • Z -"v• a • A • , , • • ,, • I >••••,, „ 44. s 7 37,44`..." ,J "e 'W.:4"'614,W71WV"ts-r.:, .--iRIC36 9171223r'17757137177163MWR17.4.,','X ,•,:-.111"•-• • • , . irrr. 4.05749 2 The Ovner agrees to peLform the terms set forth in Section 4 of this agreement -(-c-17cio -s-c--on)---(Y) wrthin ld'ays .) rmonths) of t-Ite -r1-a-te —o-f--ttri-s--a'g-re-emirt7 -115)- prior 'co occupancy or any building c-oTtst-ru-cte-ct -on —ttre -alsotn--el'es'rriEte properEy; To -) prior to the issuance cr -an-y--boa.-1-d-Intf -gerrta-E —ftri—ttir8- Cbngfrucfion on This property, (d) (-stat -utt -o -t-fre-r —sTrCITYM —time period") 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 The height of structures on this property shall not exceed twenty-five (25) feet <4 40574'9 ^ •,.-4` ?"""64 ``" """..-t ..,7,7Fe:fra'''- _ • • • • -3- 405740 above desciibed property certify that they aro the sole holuers of fee simple intelest i 4 44 The cerson(s) whose names ale subscilbed herein do hereV 400V LA1 -- / V J - r!'", 4-.... c• /' 4 / :3 3 4,'' 1 ,4 ,,,, ,,0 ° , , ,t STATE OF WASHINGTON) Ss County of 1.ranklin ) On this day personally appeared before me 1:rgoi8 I- it g 19 I /VW f yite-€ 3- 1,40zs C A/ to me Known to be the individual(s) %ho e ecuted the within and foiegoing instrument on the lines abcne their toed 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 till's Z/ day of oc/08-faa. , 1930 Potary Public in and for the State of Washington, residing at * * * * * * * * The agent of the corporation those 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 S1ATE OF VASILING'10d) SS County of Franklin ) On this day personally appeared befote me to me Knoyn to be the _ or t_ne corporation that e ecuted the within and foregoing lastrument, and ackno\,ledged 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 'as authorized to e\ecute said instrument. Given undei my hand and official seal this day of 197 -iotar n ---15111-3fic in and for the State of Washington, residing at '414 405'749 "Oi ‘•."•• ••• • r - -• " , "-- e _ ' ^ I a • : --- ,c. Ordinance No 2204 % An ofdinance relating to zoning and changing the zone classification of certain I real property within the 1 City of Pasco from R 2 Me- dium Density Residential to I R 3 High Density Residen tial, 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 Block 17, Riverside Addi- tion to Pasco, as depicted in the map attached hereto and Identi- fied as SxhIbit No 1, be and thc same Is hereby changed from R 2 Medium Density Residential to R 3 High Density Residential, us conditioned by Concomitant Zoning Agreement which is attached hereto and is iden titled as Exhibit No 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 1 effect after its passage and Publication as required by law \ Passed by the City Coun cil of the City of Pasco this 3 day of November, 1980 s Chet Bailie, Mayor Attest s- Evelyn Wells, City Clerk Approved as to Form -s Dennis .1 De Felice, City Attorney Legal No 9319 — Nov 7, 1980 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 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. # 2204 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 timeWeYelkir4Z4eltic commencing on the 7th day of Nov. ,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 10th day of Novi, ,19 80 oqis Washington, 1,--de siding Notary Public in and for the State at Pasco Subscribed and sworn to before me this FINANCE DEPARTMEN F 1509) 51% 3401 Sean 726 3401 CITY of 4,611.141 tjUni - isT U P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 November 4, 1980 Tri City Herald P 0 Box 2608 Pasco, Washington 99302 Gentlemen Please publish the attached Ordinances on the following date November 7, 1980 Please send two (2) Affidavits of Publication for each Si ncerely yours, Evelyn Well s City Clerk ew