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Home My WebLink About2233 Ordinance - RecordedAT S APPROVED AS TO FORM OAAAAL -s Dennis J. De Felice, City Attorney VI „ q 0 0 407351 vr ORDINANCE NO. 2233 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: The West 200 feet of the following described parcel: The Southeast quarter of the Southwest quarter of the Northeast quarter of Section 25, Township 9 North, Range 29 East, W.M , EXCEPT the West 271 1/3 feet of the South 330 feet and EXCEPT the North 100 feet of the South 440 feet of the East 150 feet and EXCEPT the South 340 feet of the Southeast quarter of the Southwest quarter of the Northeast quarter of Section 25, Township 9 North, Range 29 East, W.M. , EXCEPT the West 271 1/3 feet thereof, and EXCEPT roads, records of Franklin County, State of Washington, as depicted in the map attached hereto and identified as Exhibit 11111, 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 identified as Exhibit 11211. 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 January , 1981. 19 day of Evelyn Wells, City Clerk • A . Snider, Mayor (Dymkoski Rezone - 80-62-Z). RECORDED IN VOL OF OFJ1CIAL RECORDS PACE,55f'COUEST OF a1 R eo JAN 2 38PP 81 14, Pii AUDI1OR rr1.1{1=;OUNTY, WASH j„.4 ja—ISEPL1 TY efikoeo 416 Po 6 93 Po_ep, crq i 407351 I - I 1 I 1 -1 L7 [8 OARIE 1 9 giotid fi tT 10A ST 1 2. 3 4 1 6 7 I' , --, - ,/ --‘ 1 7,s .-4 / 1 1 21 -1 1 4 1 5 617 8 1 9 t 1E1711611511411.311211110 t 1 2 1 .1 OCTAVE Ia I I: I ‘, ST 0 0 * \ ST 1,71-q5r4-p-12 MO pi 1 213 74 --4-1 ;H o !RCARE -1 ' hq I 311:4 , -5/ 1 Q' ----t 0.---1 -1 /4/ f.1716/j_P _, / 0 / co it T-i Lf, ,P'n /— / t'''') -1 6 4 g Rt*zill I 1 W 1RV -hfG f T 29 ST clENRY i , 1 I , i I/..t9 6 1 7 c, 5 4l32 1 ---- 4.... MARGARET 19 131415116 1718 20 --STriFE1---- ST IC 6 I ...1i4o;(1-5-101v: A/ E I ii--` LJ !EET TR- 6 2 TR-7 cONcOnlIAMT 60 n ,1,1G AGREEMLNT WHEREAS, the City of Pasco, Washington, a non-charter code city, under the laws of the State of Washington (Chapter 35A.63 R.0 W. and Article 11, Section 11 of the Washington State Constitution) has auLholity to enact laws and entei into agreements to promote the health, safety and welfare of its citizens, and thereby control the use and development of pioperty within its Dursidiction, and WHEREAS, the Ownei(s) of certain property has applied for a rezone o1 such pioperty described below within the City's jurisdiction; and WHEREAS, the City pursuant to R C U 43.12(c), the State Lnviionmental Policy Act, should mitigate any adverse impacts which might. icsulL because of the prouosed rezone, and WHEREAS, Lhe 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 propeity .situated in the City of Pasco, desclibed ac, follows The west 200 feet of the following described parcel The southeast quarter of the southwest quarter of the northeast quarter of Section 25, Township 9 North, Range 29 East, W.M , EXCEPT the west 271 1/3 feet of the south 330 feet and EXCEPT the north 100 feet of the south 440 feet of the east 150 and EXCEPT the south 340 feet of the southeast quarter of the southwest quarter of the northeast quarter of Section 25, Township 9 North, Range 29 East, W M., EXCEPT the west 271 1/3 feet thereof, and EXCEPT roads, records of Franklin County, State of Washington I n hEII,V), the Omnel(s) ha indicated willingness to cooperate with the City of Pasco, its Planning Commission and Planning Department to insuie compliance \Nith the Paco Zoning Code, and all other local, 5taLe and teuelal laks ielatiny to the use and development of the above desciibed and WHLMA(D, the City, in addition to civil and criminal sanctions available h\ law, desiies to enioice the rights and interests of the public by this conLonitant aqtecment, NOU, THEREFORE, In th -2 event the abo\e-described plopert} is rezoned by the R-3 High Density Residential) Cit_ of Pa‘-co to and in consideration _ of thIL e\,tnl. should IL 0. cur, and subject to the teims and conditions heieinaftel stated, the applicant does heieby covenant and agree as follows 1 he Ownel plomi9e to comply with all of the terms of this agioement in the L.ent the as full consideration heiein, grants a rezone u i I lic iIe n ( r bed proper Lea czt:11. c_14 107351 I - 7 n.°7;%-/*I- - - , A _ 6 A . WA. taw -2- 2 The Ov.ner agrees to perform the terms set forth in Section 4 of this agreement. (ch 3C nc) (a) wIthin (days) (m nth3) f eetto.tructed n the above-des ri d pr Forty, (a-) prior to thc iccuanoo e-f--ftfty—iath-k441-14t -14.cri444.t fe.rt =1-6t-r4G-t..1-€44-on thick pr perty, (d) (otatcd L4er Etgccificd timo pori d). 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. Density on the north 120 feet of said property shall not exceed 1 unit/2500 squard -feet. B. Density on the south 180 feet of said property shall not exceed 1 unit/1500 square feet. C Site and elevation drawings shall be subject to Planning Commission review and approval prior to the issuance of a building permit on any portion of the said property 407351 ,Ne- 4"7"5=•:” "44'774 "'X ";" ^ r s.L7%, 'Tr— 774 " ( 77, ”.•-• , 4 , 7,r 7.7r-,...4:4;,:••C*, V-% '7 3, r xz - 4 J .;;/ A5/ ' r day ,-o J , I;, - The person (s) whose names a e subscribed herein do hereby /tify that they are the sole holders of fee simple interest in the above desciibed property. Owners G64.o%. l STATE OF WASHINGTON) S S (. County of Franklin ) A',A1 Qn th sonally appeared before me OttdaLd to me known to be the Tifcie‘;idual(s) uh 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 Notary Public in and Washington, residing fo.c -thy -State of 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 WASHINGT001) SS County of Franklin ) On this day personally appeared before me to me known to be the of the coll)oration 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 C7) C‘11 z=zr, 407351 •-• , 3, .g,rte ".7 r - s 4 ,`" _ \ _ " 1_, 1 '1$ AFFIDAVIT OF PUBLICATION COUNTY OF Franklin )ss STATE OF WASHINGTON Phyllis G-raves , 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. # 2233 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, , commencing on the 25th day of Jan0 ,19 81 , 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 $ 39 000 has been paid in full, also at the rate of 6* in.@ 6.00 = 39.00 Ordinance No 2233 An ordinance relating to zoning and changing the zone classification of certain real property within the I City of Pasco from R 1 (Medium Density ResIden tlal) to R 3 (High Density I Residential) , as conditioned by Concomitant Zoning ( Agreement The City Council of the city of Pasco does ordain , - Section 1 That the,r ,zohe t clasilficatIon of the follow 4 Ing described real property , situated in Pasco Franklin , County Washington to-wit The West 200 feet of the following described parcel I The Southeast quarter of E the Southwest quarter of the Northeast quarter of Section 25, Township 9 North Range 29 East, W M, except the West 2711/2 feet of the South 330 feet and exce0 the North 1130 feet of tho- South 440 feet of the East 150 feet and ex cept the South 340 feet of the Souttieast quarter of the Southwe5,' quarter of the Northeast quarter of Section 25 Township 9 North Range 29 East, W M, ex- cept the West 2711/2 feet thereof and except roads records of Franklin County State of Washington as de- picted in the map attached hereto and identified as Ex hiblt 11 1 , be and the some Is hereby changed from R 2 (Medium Density Residen tial) to R 3 (High Density Residential) as conditioned by Concomitant Zoning Agreement which is at tached hereto and 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 Coun cil of the City of Pasco this 19th day of January 1981 s E A Snider, Mayor Attest S Evelyn Wells, City Clerk Approved as to form -s Dennis J DeFellce, City Attorney Legal No 9871 — Jon 25, 1981 27th Subscribed and sworn to before me this Jan. 81 day of 5 19 Notary Public in and for the State of Washington, residing at Pasco