HomeMy WebLinkAbout3215 Ordinance - Assigning Zoning and Recorded Concomitant AgreementORDINANCE NO 3? 1.5
AN ORDINANCE assigning zoning to certain real property within the
City of Pasco
WHEREAS, on November 21, and December 19, 1996, the
Planning Commission of the City of Pasco conducted public hearings
to develop a recommendation for the assignment of zoning to certain
properties, in the event those properties were incorporated within
the City, and
WHEREAS, on January 16, 1997 the Planning Commission
developed a final set of findings the zoning determination and made
a recommendation to the Council, and
WHEREAS, on February 3, 1997, Ordinance No 3aji,
effectively annexed certain real property to the City of Pasco, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DD
ORDAIN AS FOLLOWS
Section 1 That the following described area, situated in
Franklin County, Washington to-wit
Beginning at a point on the North R-O-W line of Argent Road, said
point being 475 east of the southwest corner of the southeast quarter
of Section 16, Township 9 North, Range 29 East, Thence northerly for
a distance of 335 feet, Thence westerly for a distance of 145 feet,
Thence northerly to the north line of the FCID canal, Thence
easterly to the west line of Road 68, Thence southerly along the east
line of Road 68 to the north line of Argent Road, Thence westerly
along the north line of Argent Road to the point of begining,
Except the following tract,
The southern 408 5 feet of the eastern 530 feet of the southeast
quarter of the south east quarter of the south east quarter of Section
16, Township 9 North, Range 29 East together with the east half of
Lot 2, Short Plat 81-21, EXCEPT Roads
as depicted in the map attached hereto and labeled Exhibit 1 be and
the same is hereby assigned the RS -12 (Suburban Residential)
district classification
Section 2 That the following described area, situated in
Franklin County, Washington to-wit
The southern 408 5 feet of the eastern 530 feet of the southeast
quarter of the south east quarter of the south east quarter of Section
16, Township 9 North, Range 29 East together with the east half of
Lot 2, Short Plat 81-21, EXCEPT Roads, together with following,
Beginning at the northeast corner of the southeast quarter of the
southeast quarter of Section 16, Township 9 North, Range 29 East,
Thence southerly from said northeast corner along the east line of
said Section 16 to the intersection with the south R-O-W line of the
FCID canal, said intersection being the true point of beginning,
Thence easterly along the south R-O-W of said canal to a point on
the north/south line located 164 feet west and parallel to the east
line of the southwest quarter of the southwest quarter of the
southwest quarter of Section 15, Township 9 North, Range 29 East,
Thence southerly along said north/south line to the intersection with
the north line of Argent Road, Thence westerly along the north line
of Argent Road to the intersection with the east line of Road 68,
Thence northerly along the east line of Road 68 to the south line of
the FCI D canal, Thence easterly along the south line of the F C ID
canal to the true point of beginning
as depicted in the map attached hereto and labeled Exhibit 1 be and
the same is hereby assigned the C-1 (Retail Business), as conditioned
by a concomitant zoning agreement which is attached hereto and is
identified as Exhibit "2"
Section 3 That any and all zoning maps be and same are
hereby amended to conform to the aforesaid assignment of zoning
Section 4 This ordinance shall be in full force and effect on
February 28, 1997
PASSED by the City Council of the City of Pasco this 3rd day of
February, 1997
-2-
Charles D Kilbury, Mayor
Catherine Seaman, Deputy City Clerk
Leland B Kerr, City Attorney
-3--
i )n - \ k EXHIBIT #"1"
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RECORDED AT THE
REQUEST OF
City Pasco
FEB 1 353166g5 '97
TONA G I ,NPART FRA'4KLIII ,/iTY A DITOR DE-N.11Y
HAIL TO
City of Pasco
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
jurisdiction, and
WHEREAS, the Owner(s) of certain property have applied for a rezone of
such property descnbed below within the City's jurisdiction, and
WHEREAS, the City pursuant to R C W 43 12(c), the State
Environmental 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
(SEE PAGE 2, #5, LEGAL DESCRIPTION)
WHEREAS, the Owner(s) have indicated willingness to cooperate with
the City of Pasco, its Planning Commission and Planning Department to msure
compliance with the Pasco Zoning Code, and all other local, state and federal
laws relating to the use and development of the above descnbed 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 City of Pasco
to C -1 (Retail Business) 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
sassau
538330
VO LOLI O P60 8 1 3
1 The Owner(s) promise to comply with all of the terms of the agreement in
the event the City, as full consideration herein grants a rezone on the above-
descnbed property
2 The Owner(s) agrees to perform the terms set forth in Section 4 of this
agreement
3 This agreement shall be bmdmg on their heirs, assigns, grantees or
successors in interest of the Owner(s) of the property herein descnbed
4 Conditions
A The development shall comply with the following requirements
1) Building heights shall not exceed thirty-five (35) feets,
2) Signage shall not exceed thirty-five (35) feet in height,
3) Outdoor lighting and sign lighting permitted by PMC Title 17 as
conditioned herein shall be designed to limit secondary effects on
neighbonng properties Back lit facias, parapet walls, fuel island
canopies and main building walls shall be prohibited
B. The following uses shall be prohibited
1) Taverns,
2) Membership Clubs for fraternal organizations such as the VFW,
the Moose and similar organizations,
3) Automotive repair,
4) Automotive and similar sales,
5) Upholstery shops,
6) Billard/Pool Halls
7) Amusement Game Centers,
8) Card Rooms/Bingo Parlors,
9) Dance Halls
10) Any other use or activity similar to those listed above
5 Legal Description
The southern 408 5 feet of the eastern 530 feet of the southeast
quarter of the south east quarter of the south east quarter of Section
16, Township 9 North, Range 29 East together with the east half of
Lot 2, Short Plat 81-21, EXCEPT Roads
538330
tary P : c
of Washington,
VOLO 4 I 0 P608 1E+ 53E3330
The person(s) whose names are subscnbed herein do hereby certify that
they are the sole holders of fee simple interest in the above-described property
Owners
STATE OF WASHINGTON)
) ss
County of Franklin
On this day personally appeared before me
to me known to be the individual(s) who
executed the within and foregoing instrument on the lines above their/his
typed names and acknowledged they/he signed the as then -/his
free and voluntary act and deed for the uses and purposes therein mentioned
Given under my hand and official seal of 4:2Y , day of
, 1997
CONCOMITANT ZONING AGREEMENT PAGE 3 OF 3
St2)&930
voL014 1 0 P60 8 1 5
538B31 RECORDED AT THE
REQUEST OF
4 C1ty *: Pasco
FEB 13 12 24 PH 97
538331
IC)" -ENHART
FRAVI t.,N -Y AUDITOR
DEPUI`t
TOIL TO
'PRY ,Th
CO
t,
CONCOMITANT ZONING AGREEMENT
WHEREAS, the City of Pasco Wachmgtop, a non-charter cede cit‘y , 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 jurisdiction, and
WHEREAS, the Owner(s) of certain property have 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 Environmental 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
(SEE PAGE 2, #5, LEGAL DESCRIPTION)
WHEREAS, the Owner(s) have 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 federal 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 City of Pasco to C-1 (Retail
Business) 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
538532,
V0 1 014 1 0 PG 0 8 I 6
saesaa
1 The Owner(s) promise to comply with all of the terms of the agreement in the event the City, as
full consideration herein grants a rezone on the above-described property
2 The Owner(s) agrees to perform the terms set forth in Section 4 of this agreement
3 This agreement shall be binding on their heirs, assigns, grantees or successors in
interest of the Owner(s) of the property herein described
4 Conditions
A The development shall comply with the following requirements
1) Building heights shall not exceed thirty-five (35) feets,
2) Signage shall not exceed thirty-five (35) feet in height,
3) Outdoor lighting and sign lighting permitted by PMC Title 17 as conditioned herein
shall be designed to limit secondary effects on neighboring properties Back ht
facias, parapet walls, fuel island canopies and main building walls shall be
prohibited
B. The following uses shall be prohibited
1) Taverns,
2) Membership Clubs for fraternal organizations such as the VFW, the Moose and
similar orgamzations,
3) Automotive repair,
4) Automotive and similar sales,
5) Upholstery shops,
6) Billard/Pool Halls
7) Amusement Game Centers,
8) Card Rooms/Bingo Parlors,
9) Dance Halls
10) Any other use or activity similar to those listed above
5 Legal Description
Beginning at the northeast corner of the southeast quarter of the southeast quarter of
Section 16, Township 9 North, Range 29 East, Thence southerly from said northeast
corner along the east line of said Section 16 to the intersection with the south R-O-W
line of the FCID canal, said intersection being the true point of beginning, Thence
easterly along the south R-O-W of said canal to a point on the north/south line located
164 feet west and parallel to the east line of the southwest quarter of the southwest
538332
ven under my hand and official seal 0 day of
LA_
,1997
Pub ic
o Washmgto
V 0 1-014 1 0 11 0 8 I I
538331
quarter of the southwest quarter of Section 15, Township 9 North, Range 29 East,
Thence southerly along said north/south line to the intersection with the north line of
Argent Road, Thence westerly along the north line of Argent Road to the intersection
with the east line of Road 68, Thence northerly along the east line of Road 68 to the
south line of the FCI D canal, Thence easterly along the south lme of the FCID
canal to the true point of beginning
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 Ze
STATE OF WASHINGTON)
) SS
County of Franklin
On this day personally appeared before me 0-11„,,,,- A, .)orles to
me known to be the individual(s) who executed the within and foregoing instrunient on the lines
above their/his typed names and acknowledged they/he signed the Zniin c i1 e tA) as their/his free
and voluntary act and deed for the uses and purposes therein mentioned
538331
CONCOMITANT ZONING AGREEMENT PAGE 3 OF 3
,
. VOL014 1 0 P60 8 1 8 _
538531,
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
STATE OF WASHINGTON)
) ss
County of Franklin )
On this day personally appeared before me
<7-5B-rne s- 4 „-.7\--n o ec to me known to be the
l'A-frei/V E /2- 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 m ned and on oath stated that he
was authorized to execute said instrument
Given under my hand and official seal this 3 , 1997
538531
CONCOMITANT ZONING AGREEMENT PAGE 4 OF 3
CIIMY4,0 1F,:***1
ollimmi1111 1 11111111 1 i i iiiii i mo
FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403
PO BOX 293, 525 NORTH 3RD AYE, PASCO, WASHINGTON 99301
February 4, 1997
Tn-City Herald
P0 Box 2608
Pasco, Wa 99302
Dear Kathy
Please publish the attached Ordinance(s) No 3213-3217 and the attached
Summary of Ordinance No 3209 on the following date
February 9, 1996
Please send two (2) Affidavits of Publication for each
Thank you,
Catherine D Seaman,
Deputy City Clerk
545-3402
cds
* No attachments or maps included
!
4*W1WW********* —IND XMT JOURNAL— Act**T>i*******t** DATE FEB-04-1997 l*T1(* TIME 11 00 4T10E*1(**
1
DATE/TIME = FEB-04-1997 10 47
JOURNAL No = 20
COMM RESULT = OK
PAGE(S) = 029
DURATION = 00 12'15
FILE No =
MODE = TRANSMISSION
DESTINATION = <01> / 9 582 1453 /,TCH
RECEIVED ID = 1 / 1 509 582 1453
, ,
RESOLUTION = STD
—CITY OF PASCO FINANCE -
****3**************,K***************+ -
— ***** — 1 509 544 3082— ii<*****ic*
1
1
1
I
i
*KO
aktia
P0 BOX 2608
PASCO, WASHINGTON 99302-2608
PHONE (509) 582 1500
11E2AL ADVE270000
INVOICE
SOLD TO
FA5c0, CA TY OF L...11.1JALS
I- 0 tj 2 1 7
FA.SCO WA
DATE ()Pi() .:1 / 7 LEGAL NO 14 4 1; 1 -
ACCOUNT NO '701 '5'
DESCRIPTION c/ 1 1-11,1) 1, NIA! ICE NO „ :7 ,77 u7,
TIMES ( LINES 1 ,
TOTAL 41
oToc
ORDINANCE NO 3215
AN ORDINANCE assigning
zoning t certain 'teal prop-
erty w r n the City of
Pasco
WHEREAS on November
21 and December 1996
the Planning Commission
of the City of Pasco con-
ducted public hearings to
develop a recommendation
for the assignment of zon-
ing to certain properties in
the event those properties
were incorporated within
the City and
WHEREAS on January
16 1997 the Planning
Commission developed a
final set of findings the zon-
ing determination and
made a recommendation to
the Council and
WHEREAS on February 3
1997 Ordinance No 3214
teffectively anne (e.d certain
treat property to fne City of
;Pasco NOW
THEREFORE
THE CITY COUN:AL OF
THE CITY OF PSCO
'WASHINGTON DO OR-
DAIN AS FOLLOWS
;Section 1 That the follow-
' ing described area sit
uated in Franklin County
tWashington to-wit
;Beginning at a point on the
/North R-0 W line of Argent
Road said point being 475
east of the southwest cor-
ner of the southeast quar-
ter of Section 16 Township
9 North Range 29 East
Thence northerly for a dis-
tance of 335 feet Thence
westerly for a distance of
145 feet Thence northerly
to the north line of the
F C I-D canal Thence
easterly to the west line of
Road 68 Thence southerly
along the east line of Road
68 to the north line of Ar-
gent Road Thence west-
erly along the north line of
Argent Road to the point of
beginning
Except the following tract
The southern 408 5 feet of
the eastern 530 feet of the
southeast quarter of the
south east quarter of the
south east quarter of Sec-
tion 16 Township 9 North
Range 29 East together
with the east half of Lot 2
Short Plat 81 21 EXCEPT
Roads
as depicted in the map at-
tached hereto and labeled
Exhibit 1 be and the same
is hereby assigned the
RS-12 (Suburban Residen-
tial) district classification
Section 2 That the follow-
ing described area sit-
uated in Franklin County
Washington to-wit
The southern 408 5 feet of
the eastern 530 feet of the
southeast quarter of the
south east quarter of the
south east quarter of Sec-
tion 16 Township 9 North
Range 29 East together
with the east half of Lot 2
; Short Plat 81 21 EXCEPT
t Roads together with fol-
lowing
t Beginning at the northeast
corner of the southeast
'quarter of the southeast
quarter of Section 16
Township 9 North Range
29 East Thence southerly
from said northeast corner
along the east line of said
Section 16 to the intersec-
tion with the south R-0 W
line of the FCID canal
said intersection being the
true point of beginning
Thence easterly along the
south R-O-W of said canal
to a point on the north
south line located 164 fee
west and parallel to the
east line of the southwest
quarter of the southwest
quarter of the southwest
quarter of Section 15
Township 9 North Range
29 East Thence southerly
along said north/south line
to the intersection with the
north line of Argent Road
Thence westerly along the
north line of Argent Road
to the intersection with the
east line of Road 68
Thence northerly along the
east line of Road 68 to the
south line of the PC I D
canal Thence easterly
along the south line of the
FC I D canal to the true
point of beginning
as depicted in the map at-
tached hereto and labeled
Exhibit 1 be and the same
is hereby assigned the C-1
(Retail Business) as con
ditioned by a concomitant
zoning agreement which is
attached hereto and is
identified as Exhibit 2
Section 3 That any and all
zoning maps be and same
are hereby amended to
conform to the aforesaid
assignment of zoning
Section 4 This ordinance
shall be in full force and
effect on February 28
1997
PASSED by the City Coun-
cil of the City of Pasco this
3rd day of February 1997
-s- Charles D Kilbury
Mayor
Attest t
s Catherine Seaman
Deputy Qity Clerk
Approved as to torm
-s- Leland B Kerr
City Attorney
#401) - 2/9/97
This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered
Please detach at perforation and return with payment
AFRIDAKYcLPU138.50A7T1100
COUNTY OF BENTON
SS
STATE OF WASHINGTON
RE201....11
, being duly sworn,
deposes and says, I am the Legal Clerk of the Tn-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 countinually as a daily newspa-
per in Benton County, Washington That the attached is a true
copy of a wint ord-DINANcE :21.'1 AN as it
was printed in the regular and entire issue of the Tn.-City Herald
itself and not in a supplement thereof, 1 time(s), commencing on oc/fJ-4/ I 7
, and ending on ( ID/ 0 -4 / 7
, and that said newspaper was regulary
distributed to its subscribers during all of this period
Nic3e:YOL
SUBSCRIBED AND SWORN BEFORE IYIE THIS
DAY OF 11--e-bVUOn,
Notary public in ancl, fjohlthe _Wash-
ington, residing at Kennewick
COMMISSION EXPIRES (
75 50 INCHES
\,1)'
------- 1M:Ca"
.... P 0 BOX 2608
PASCO WASHINGTON 99302 2608
'----------------/-<--------_---- PHONE (509) 582 1500
- -- - -- -.:..--=--.-*------ - - : - - -"" - - - -
LEGAL ADVERTISING
INVOICE
SOLD TO PASCO , CITY OF LEGALS
P.O BOX 293
PASCO, WA 99301
DATE 02/09/97 LEGAL NO 404
ACCOUNT NO 50550
DESCRIPTION #404 ORD NO 3216
TIMES 001
927 90 T T L4,
NOTICE This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered
Please detach at perforation and return with payment
ErAtIVE
FEB i3 1997
F!DA vir amain
COUNTY OF BENTON
SS
STATE OF WASHINGTON
KIM BEZOLD , being duly sworn,
deposes and says, I am the Legal 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 countinually as a daily newspa-
per in Benton County, Washington That the attached is a true
copy of a #404 ORD NO 3216 as it
was printed in the regular and entire issue of the Tr-City Herald
itself and not in a supplement thereof, 1 time(s),
commencing on 02/09/92_ , and ending on
07/09/q7 , and that said newspaper was regulary
distributed to its subscribers during all of this period
SUBSCRIBED AND SWORN BEFORE ME THIS \
DAY OF —1" VI/LC:LA_ , cY1
Notary public in and for the State of Wash-
ington, residing at RICHLAND, WA
08/16/00 COMMISSION EXPIRES
ERtilbit -A From
To Sylvester Street Henry Street Sylvester Street Margaret Street Henry Street Mane Street Sylvester Street Court Street Sylvester Street Nixon Street Court Street
Mane Street 43rd Place
Road 45 Sylvester Street Road 42
Riverhaven Street Road 44 Riverhaven Street Sylvester Street
Riverhaven Street Road 40 Road 45 Irving Street Road 44 Road 40 Road 44 Road 44 Nixon Street Road 37
Sylvester Street Riverhaven Street Park Street Road 42 Road 37 Margaret Street Road 37 Road 42 Margaret Street Road 34 Road 42 Henry Street Road 36 Road 40 Henry Street Road 44 Road 34 Marie Street Road Road 36 40 41st Place Road 42 Marie Street Court Street Road 40 225 feet North Brown Place
Road 44 Road 42 Margaret Street Road 34 175 feet West
250 feet East Exhibit B
Beginning at the northeast corner of Lot 1 Block 3 Plat
of Riverhaven thence south along the east line of said
lot and continuing south along the east lines of Lot 16
and Lot 1 Block 2 and Lot 1 Block 1 all of said Plat of
Riverhaven to the southeast corner of said Lot 1 Block
1 thence west along the south line of said Block 1 to the
southwest corner thereof thence north along the west
line of Lot 8 Block 1 and continuing north along the
west line of Lot 8 and Lot 9 Block 2 and the west line of
Lot 8 Block 3 all Plat of Riverhaven to the northwest
corner of said Lot 8 Block 3 thence east along the north
of Beginning line of Lots 8 7 6 5 4 3 2 and 1 Block 3 to the Point
Together with IBeginning at the southeast corner of Lot 12)
Klopfenstein s Subdivision thence west along the south
line of said Lot 12 to the southwest corner thereof
thence north along the west line of said Lot 12 and
continuing north along the west lines of Lots 13 14 and
15 all Plat of Klopfenstein s Subdivision to the northwest
corner of Lot 15 thence east along the north line of said
Lot 15 143 13 feet thence north along a line parallel to
and 143 12 feet west of the east line of Lots 16 and 17
Plat of Klopfenstein s Subdivision to the south right of
way line of Sylvester Street thence east along the south
right of-way line of Sylvester Street to the northeast
corner of Lot 17 Plat of Klopfenstein s Subdivision
thence south along the east lines of Lots 17 16 15 14
Together with 13 and 12 to the Point of Beginning
Beginning at the intersection of the east nght-of way line
of Road 34 and the north right of way line of Sylvester
Street thence west along the north right-of-way line of
Sylvester Street to the west right of way line of Road 34
thence north along the west right of way line of Road 34 114 feet
thence west along a line pal allel to and 114 feet north of the north line of Sylvester Street 101 9 feet
':..,
ection 6 Local improvemerit—district warrants may be
issued in payment of the cost and expense of the
improvement hereinordered 'Ito be assessed such
warrants to be paid out of the 1..ocal Improvement Fund
District No 131 hereinafter created and referred to as
the Local Improvement Fund and until the bonds
referred to in this section are issued and delivered to the
purchaser thereof to bear interest from the date thereof
at a rate to be established hereafter by the City Finance
and Budget Director as issuing officer and to be
redeemed in cash and/or by local improvement district
bonds herein authorized to be issued such interest
bearing warrants to be hereafter referred to as revenue
warrants In the alternative the City hereafter may
provide by ordinance for the issuance of other short term
obligations pursuant to chapter 39 50 RCW
If the City shall authorize expenditures to be made for
I such improvement (other than for any cost or expense
expected to be borne by the City) prior to the date that
any short term obligations or local improvement district
bonds are issued to finance the improvement from
proceeds of interfund loans or ()thel funds that are not
and are not reasonably expected to be reserved
allocated on a long-term basis or otherwise set aside to
pay the cost of the improvement herein ordered to be
assessed against the propert, specially benefited
thereby the City declares its official intent that those
expenditures to the extent not reimbursed with prepaid
special benefit assessments are to be reimbursed from
lproceeds of short term obligations or local improvement
district bonds that are expected to be issued for the
improvement in a principal amount not excee-ding
$1 760 000
The City is authorized to Issue local improvement district
bonds for the District which shall bear interest at a rate
and be payable on or beroFe a date to be hereafter fixed
by ordinance The bond shall be issued in exchange for
and/or in redemption of any and all revenue warrants
issued hereunder or other short term obligations
n hereafter authorized and not redeemed in cash within
' twenty days after the expiration of the thirty-day period
for the cash payment without interest of assessments on
the assessment roll for the District The bonds shall be
1 paid and redeemed by the collection of special
assessments to be levied and assessed against the
property within the District payable in annual
installments with interest at a rate to be hereafter fixed
by ordinance under the mode of payment by bonds as
defined by law and the ordinances of the City The exact
form amount date interest rate and denominations of
such bonds hereafter shall be fixed by ordinance of the
City Council Such bonds shall be sold in such manner
as the City Council hereafter shall determine
Section 7 In all cases where the work necessary to be
done in connection with the making of such
improvement is carried out pursuant to contract upon
competitive bids (and the City shall have and reserves
the right to reject any and all bids) the call for bids shall
include a statement that payment for such work will be
made in cash warrants drawn upon the Local
Improvement Fund
Section 8 The Local Improvement Fund for the District
is created and established in the office of the City
Finance and Budget Director The proceeds from the
sale of revenue warrants or other short term obligations
drawn against the fund which may be issued and sold by
the City and the collections of special assessments
interest and penalties thereon shall be deposited in the
Local Improvement Fund Cash warrants to the
contractor or contractors in payment for the work to be
done by them in connection with the improvement and
cash warrants in payment for all other items of expense
in connection with the improvement shall be issued
against the Local Improvement Fund
Section 9 Within 15 days of the passage of this
ordinance there shall be filed with the City Finance and
Budget Director the title of the improvement and District
number a copy of the diagram or print showing the
boundaries of the District and the preliminary
assessment roll or abstract of such roll showing thereon
the lots tracts and parcels of land that will be specially
benefited thereby and the estimated cost and expense
of such improvement to be borne by each lot tract or
parcel of land The City Finance and Budget Director
immediately shall post the proposed assessment roll
upon his index of local improvement assessments
against the properties affected by the local Improvement
PASSED by the City Council of the City of Pasco
Washington this 3rd day of February 1997 and signed
in authentication of its passage this 3rd day of February
1997
s Charles D Kilbury Mayor
AUTHENTICATED s Catherine D Seaman City Clerk
APPROVED AS TO FORM s Leland B Kerr City Attorney
CITY OF PASCO WASHINGTON
I ORDINANCE NO 3216
IAN ORDINANCE ordering the construction of sanitary
Isewerlines sewer stubs street overlay and other %/kirk in the Riverview area all in accordance with Resolution No
2289 of the City Council establishing Local
Improvement District No 131 and ordering the carrying
out of the proposed improvement providing that payment for the improvement De made by special assessments upon the property in the District payable
i by the mode of payment by,bonds and providing for
r the issuance and sale of local improvement district
warrants redeemable in cash or other short term
1 financing and local improvement district bonds
WHEREAS by Resolution No 2289 adopted January 6
1997 the City Council declared its intention to order the n improvement of certain property in the Riverview area
!within and outside the City and fixed February 3 1997
at 7 30 p m local time in the Council Chambers of the
City Hall as the time and place for hearing all matters
relating to the proposed improven ant and all comments
thereon and objections thereto ari4s-i for determining the method of payment for the improvement and
WHEREAS the City Engineer caused an estimate to be
made of the cost and expense of the proposed
improvement and certified that estimate to the City
Council together with all papers and information in his
Possession touching the proposed improvement a
description of the boundaries of the proposed local
improvement district and a statement of what portion of
the cost and expense of the improvement should be
borne by the property within the proposed district and
WHEREAS that estimate is accompanied by a diagram
of the proposed improvement showing thereon the lots
tracts parcels of land and other property which will be
specially benefited by the proposed improvement and
the estimated cost and expense thereof to be borne by
each lot tract and parcel of land or other property and
WHEREAS due notice of the above hearing was given
in the manner provided by law and the hearing was held
by the City Council on the date and at the time above
mentioned and all objections to the proposed
improvement were duly considered and overruled by the
City Council and all persons appearing at such hearing and wishing to be heard were heard and
WHEREAS the City Council has determined it to be in
the best interests of the City that the improvement as
hereinafter described be carried out and that a local improvement district be created in connection therewith NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF PASCO
WASHINGTON DO ORDAIN as follows
Section 1 The City Council of the City of Pasco
Washington (the City ) orders the improvement of the
Riverview area both within and outside the City by the
construction of sanitary sewerlines sewer stubs street
overlay and other related work located as described on
Exhibit A attached hereto and by this reference made a part hereof
All of the foregoing shall be in accordance with the plans
and specifications therefor prepared by the City
Engineer and may be modified by the City Council as l ong as such modification does not affect the purpose of the improvement
Section 2 There is created and established a local
improvement district to be called Local Improvement
District No 131 of the City of Pasco Washington (the
District ) the boundaries or territorial extent of the
District being the perimeter of this property more
Particularly described in Exhibit B attached hereto and
by this reference made a part hereof i
Section 3 The total estimated cost and expense of the
improvement is declared to be $1 757 450 The entire
cost and expense shall be borne by and assessed
against the property specially benefited by such
improvement included in the District which embraces as
nearly as practicable all property specially benefited by such improvement
Section 4 In accordance with the provisions of RCW
35 44 047 the City may use any method or combination
of methods to compute assessments which may be
deemed to more fairly reflect the special benefits to the
properties being assessed than the statutory method of assessing the properties
Section 5 No property any portion of which is outside
the District may connect to those improvements
constructed or made a part of such District unless either
that property shall have been subject to the special
assessments on the assessment roll for that District or
he owners of that property shall have paid prior to such
onnection a charge in lieu of assessment which shall
be at least the equivalent of those assessments which
would have been applied to that property had it been included within that District
Street
Road 34
Road 37
Road 38
Road 40
Road 42
Road 42
Tio-rthwest-corner tnereof -therIce east along the north"'
lines.of Lots 3 2 and 1 and the north line extended allf
of Block 1 Plat of Clines Addition to the east right-of-
way line of Road 42 thence nerth along the east right
of way line of Road 42 to the westerly extension of the
south line of Short Plat 84 04 thence east along said
westerly extension and the south line of Lots 1 and 2 of
Short Plat 84 04 and the south line of Lot 4 Short Plat
77 1 to the west line of said Lot 6 Block 1 Plat of
Mottner s 2nd Addition thence south along the west line
of said lot 6 and the west line of Lot 6 extended and the
west line of Lot 1 Block 2 Plat of Mottner s 2nd Addition
to the southwest corner of said Lot 1 thence east along
the south line of Lots 1 2 and 3 and the easterly
extension of the south line of Lot 3 all of Block 2 Plat of
Mottner s 2nd Addition to the east right of way line of
Road 40 thence south along the east right-of-way line of
Road 40 to the northwest corner of Lot 1 Short Plat 92-
18 thence east along the north line of Lot 1 Short Plat
92-18 to the west line of Lot 5 Vogel Subdivision thence
south along the west line of Lot 5 Vogel Subdivision to
the southwest corner thereof ) thence east along the
south line of Lots 5 6 and 7 to the southeast corner of
Lot 7 of Vogel Subdivision thence south along the west
line of Lot 1 of Vogel Subdivision to the southwest corner
thereof thence south along a line to the northwest
corner of Lot 1 Carries Addition thence south along the
westoine of said Lot 1 and Lot 8 of Carries Addition to
the north right-of way line of Octave Street thence eas t
to the west right of way line of Road 38 thence south
along the west right of way line of Road 38 to the
northeaSt corner of Lot 1 Short Plat 94 1 thence west
along the north lines of Lots 1 2 3 4 5 6 and 7 o f
Short Plat 94 1 to the east right of way line of Road 40
thence south along the east right-of way line of Road 4
to the southwest corner of Lot 10 Block 8 Corrected Pla
of Riverview Terrace thence east along the south line o
Lots 10 11 12 13 14 15 16 17 and 18 and the south
line of Lot 18 extended to the east right of way line of
Road 37 thence south along the east right of way line of
Road 37 to the northwest corner of Lot 1 Short Plat 76-2
thence east along the north line of Lot 1 Short Plat 76 2
to the northeast corner thereof thence south along the
east line of Lots 1 and 4 of Short Plat 76-2 to the
southeast corner of said Lot 4 thence east along the 1
south line of Lot 3 Short Plat 76-2 to the northeast
corner of the west half of the east half of the northeast
quarter of the southeast quarter of the northeast quarter
of Section 26 Township 9 N Range 29 EWM thence
south along the east line of said west half of the east half
of the northeast quarter of the southeast quarter of the
northeast quarter of said Section 26 to the southeast
corner thereof thence west along the south line of said
northeast quarter of the southeast quarter of the
northwest quarter to a point 137 02 feet east of the
northwest corner of the east half of the southeast quarter
of the southeast quarter of the northeast quarter of said
Section 26 thence south along a line 137 02 feet east of
said parallel to the west line of said east half of the
southeast quarter of the southeast quarter of the 1
northeast quarter of said Section 26 102 feet thence
west along a line parallel to the north line of the east half,
of the southeast quarter of the northeast quarter of said
Section 26 to a point 110 feet east of the northwest
corner thereof thence south along a line parallel to and
110 feet east of the east right of way line of Road 37 al
distance of 102 feet thence east along a line parallel to
the south line of the southeast quarter of the northeast
quarter of said Section 26 to a point 140 feet east of the,
west line of the east half of the southeast quarter of the',
southeast of the northeast quarter of said Section 26 l
thence south along a line parallel to and 140 feet east of
the east right of way line of Road 37 a distance of 185
feet thence west along a line parallel to the south line of
the northeast quarter of said Section 26 a distance of 13
feet thence south along a line parallel to and 127 feet
east of the east right-of way line of Road 37 a distance
of 104 feet thence west along a line parallel to the south
line of the northeast quarter of said Section 26 to the
east right of way line of Road 37 thence west along a
line to the southeast corner of Lot 18 Block' 1 of the
Corrected Plat of Riverview Terrace thence west along
the south line of Lots 18 17 16 15 14 13 12 11 10
and the westerly projection of the south line of said Lot
10 all of Block 1 of the Corrected Plat of Riverview
Terrace to the southeast corner of Lot 12 Block 2 of the
,Corrected Plat of Riverview thence west along the south
line of Lots 12 11 10 9 8 and 7 of said Block 2 to the
east right of way line of Road 42 thence south along the
east right of way line of Road 42 to the north right of-1,
pay line of Sylvester Street thence west along the north
'right of way line of Sylvester Street to its intersection t
with the east line of Lot 7 Block 2 of the Plat of Tamra
Terrace thence north along the east line of said Lot 7 to
the northeast corner thereof thence west along the
north line of said Lot 7 to the northwest corner thereof
hence west along a line to the southeast corner of Lot 8
Block 1 of the Plat of Tamra Terrace and the Point of
Beginning \
Together with Lots 7 8 9 10 and 11 Replat of Klopfensteins
Subdivision
I
,
thence north along a line parallel to and 101 9 feet west
of the west right of way line of Road 34 135 feet thence
west along a line parallel to and 279 north of the north
right of way line of Sylvester Street 20 feet to the south
east corner of Lot 8 Bernice Second Addition thence
north along the east line of Lots 8 and 9 of Bernice
Second Addition to the northeast corner of said Lot 9
thence east along the south line of Lot 10 Bernice
Second Addition to the south east corner thereof thence
i north along the east line and east line extended of said
Lot 10 to the north right of way line of Park Street
thence east along the north right of way line of Park
Street to the southwest corner of Lot 7 Block 2 Bernice
Addition thence north along the west line of said Lot 7 to
the northwest corner thereof thence west along the
south line of Lots 5 4 and 3 of Block 2 Bernice Addition,
to the southwest corner of said Lot 3 thence north alongi
the west line of said Lot 3 to the northwest corner)
thereof thence north along a line to the southeast corner
oi Lot 11 Block 1 Bernice Addition thence north along
the east line and west along the north line of said Lot 11
to the southwest corner of Lot 2 Block 1 Bernice
Addition thence north along the west line extended o
f
said Lot 2 to the north right of way line of Henry Street
thence east along the north right of-way line of Henry
Street to a point 305 feet east of the west line of the
northwest quarter of the northwest quarter of Section 25
Township 9 North Range 29 EWM thence north along a
line parallel to and 305 feet east of the west line of said
northwest quarter 425 feet thence east along a line
parallel to and 425 feet north of the south line of said
northwest quarter of the northwest quarter to the wes
t
right of way line of Road 34 thence south along th
e
west right of way line of Road 34 to the north right of
way line of Henry Street thence east along the north
right of way line of Henry Street to the east line of the
pest half of the southeast quarter of the northweS
'quarter of the northwest quarter of said Section 25
thence south along the east line of said west half of the
southeast quarter of the northwest quarter of the
northwest quarter and continuing south along the east
l
ine of the west half of the northeast quarter of the
southwest quarter of the northwest quarter of Section
25 Township 9 North Range 29 EWM to the southeast
corner thereof thence west along the south line of said
west half of the northeast quarter of the southwest
quarter of the northwest quarter to the northeast corner
of Lot 1 Short Plat 77 29 thence south along the east
line of Lots 1 and 2 of said Short Plat 77 29 to the
southeast corner of said Lot 2 thence west along the
south line of said lot 2 to a point 208 feet east of the
west line of the southeast quarter of the southwest
quarter of the northwest quarter of said Section 25
thence south along a line parallel to and 208 feet east of
the west line of said southeast quarter of the southwes
t
quarter of the northwest quarter of said Section 25 104
feet thence west along a line parallel to the north line o
f
the southeast quarter of the southwest quarter of the
northwest quarter of said Section 25 to the east right-of
way line of Road 34 thence south along the east right-
of way line of Road 34 to the Point of Beginning
Beginning at the southeast corner of Lot 8 Block 1 of Togetheq- with
Tamra Terrace thence west along the south line of said
Lot 8 to the southwest corner thereof thence north along
the west lines of Lots 8 9 10 11 and 12 to the northwest
corner of Lot 12 all of Block 1 Tamra Terrace thence
east along the north lines of Lots 12 13 14 and 15 said
Block 1 to the west right of way line of Road 42 thence
north along the west right-of way line of Road 42 to the
southeast corner of Lot 2 Short Plat 85 02 thence west
along the south line of said Lot 2 to the southwest corner
thereof thence north along the west lines of Lot 2 and
Lot 1 said Short Plat 85 02 to the south right of way line
of Henry Street thence west along the south line o
f
Henry Street to a point 181 feet east of the west line of
the northwest quarter of the southwest quarter of the
northeast quarter of Section 26 Township 9 North I
Range 29 EWM thence north along a line 181 feet east
of parallel to the west line of said northeast quarter oi
Section 26 to a point 425 feet south of the north line of
the southwest quarter of the northwest quarter of the
northeast quarter of said Section 26 thence east along a
line parallel to and 425 feet south of said north line of
the southwest quarter of the northwest quarter of the
northeast quarter of said Section 26 to the east line of
the west half of the northwest quarter of the northeast
quarter of said Section 26 thence north along said east
line to its intersection with the easterly projection of the
south line of Lot 1 Arbee s Addition thence west along
I along the south right-of way line of Court Street to the
l intersection of the southerly projection of the west line of
the south line of Lots 1 2 3 and Traci A. to, th e
southwest corner of Tract A all of Arbee s Addition
thence north along the west line of said Tract A to the
south right of way line of Court Street thence west
- r-ii_._,... -, nf rime Addition thence north along said #404 2/9/97