HomeMy WebLinkAbout3322 OrdinanceCITY OF PASCO, WASHINGTON
ORDINANCE NO ,..33,D\
AN ORDINANCE relating to the waterworks utility of the City, including
the sanitary sewerage system and the system of storm or surface water sewers as a
part thereof, authonzing water and sewer revenue bonds and interim financing to
pay the cost of carrying out a portion of the system or plan of additions to and
betterments and extensions of the waterworks utility, and creating Utility Local
Improvement District No 136
WHEREAS, the City of Pasco, Washington (the "City"), by Ordinance No 531, passed
March 7, 1944, provided that the system of sewerage of the City, including all additions, extensions
and betterments thereto, should be operated as a part of and as belonging to the waterworks utility of
the City pursuant to the provisions of Chapter 193 of the Laws of 1941 of the State of Washington
(RCW 35 67 320 et seq ) (the "Waterworks Utility"), and
WHEREAS, by Ordinance No 3104, passed on August 21, 1995, the City Council adopted
the City of Pasco Comprehensive Plan 1995-2015, including as a part thereof the City of Pasco
Comprehensive Sewer Plan, November 1992 (the "Comprehensive Sewer Plan"), and
WHEREAS, by Ordinance No 3239, passed on June 16, 1997, the City Council specified
and adopted the Comprehensive Sewer Plan as the system or plan relating to sewers for the
Waterworks Utility (the "System or Plan") and declared the estimated cost of the System or Plan to
be $79,125,000, and
WHEREAS, the Comprehensive Sewer Plan provides in part for the expansion and
extension of the City's sewer collection system to provide sewer service to areas of the City
between Road 44 and Road 54 and between W Margaret Street and the Columbia River, also Agate
Street between Road 40 and Road 42 as legally described in Exhibit A hereto by the construction of
-
50060627 01
sewer lines, sewer stubs, a street overlay and all other work necessary for or incidental to the
provision of sewer service to those areas (the "Improvements"), as such Improvements are more
particularly described on Exhibit B hereto, and
WHEREAS, by Resolution No 2407 adopted November 2, 1998, the City Council declared
its intention to initiate the formation of a utility local improvement district to be known and
designated as Utility Local Improvement District No 136 of the City for the construction and
installation of the Improvements, and fixed December 7, 1998, at 7 00 p m, local time, in the
Council Chambers of the City Hall as the time and place for hearing all matters relating to the
Improvements applicable to Utility Local Improvement District No 136 and for hearing all
objections thereto and for determining the method of payment for the Improvements, and
WHEREAS, the City Engineer caused an estimate to be made of the cost and expense of the
proposed Improvements applicable to Utility Local Improvement District No 136 and certified that
estimate to the City Council, together with all papers and information in his possession touching the
proposed Improvements, a description of the boundaries of the utility local improvement district and
a statement of what portion of the cost and expense of the Improvements should be borne by the
property within the proposed district, and
WHEREAS, that estimate is accompanied by a diagram of the proposed Improvements
showing thereon the lots, tracts, parcels of land, and other property which will be specially benefited
by the proposed Improvements 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 (with
additional notices correcting the description of one pipeline improvement being sent to the affected
property owners), and the hearing was held by the City Council on the date and at the time above
mentioned, and all objections to the proposed Improvements were duly considered and overruled by
50060627 01
-2-
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
Improvements as hereinafter descnbed be carried out and that a utility 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 estimated cost of the acquisition, construction and installation of the Plan of
the Improvements is declared to be, as nearly as may be, the amount of $586,500 in Unit A,
$521,065 in Unit B and $82,800 in Unit C, and such estimated costs shall be met and defrayed from
the proceeds received from the issuance and sale of water and sewer revenue bonds of the City in
the total amount of approximately $1,190,365 Such water and sewer revenue bonds shall be
supported by assessments to be levied and assessed against properties specially benefited by the
improvements to be included in one or more utility local improvement distncts authorized to be
created pursuant to the provisions of RCW 35 43 042
Section 2 The City shall issue one or more series of water and sewer revenue bonds at such
times as the City Council shall deem advisable Such revenue bonds shall bear such designation as
the City Council hereafter shall determine, shall be issued in such series, shall be in such form, shall
bear such date or dates and interest rate or rates, shall be payable at such place or places, shall
mature serially in accordance with such schedule beginning not earlier than one year after date of
issuance and ending not later than [17] years thereafter, or shall be term bonds, shall have such
option of paying prior to matunty, shall guarantee such coverage and collection of rates, shall
provide for such additional funds and accounts, and shall contain and be subject to such provisions
or covenants as hereafter shall be provided by ordinance The bonds shall be sold in such manner as
the City Council shall deem to be in the best interest of the City The bonds shall be payable from
50060627 01
-3-
the gross revenues of the Waterworks Utility and from the receipt of payments of assessments
levied in Utility Local Improvement District No 136 herein created to support the payment of the
bonds herein authorized to be issued and any panty bonds hereafter issued
Section 3 In the judgment of the City Council, the gross revenues and benefits to be
derived from the operation and maintenance of the Waterworks Utility and the Improvements herein
provided, at the rates to be charged for utility services furnished, will be more than sufficient to
meet all expenses of operation and maintenance thereof, debt service on outstanding Waterworks
Utility obligations and to permit the setting aside into a special fund, out of the gross revenues of the
Waterworks Utility in addition to the special assessments to be levied and collected in Utility Local
Improvement District No 136 herein created to support the payment of the bonds herein authorized
to be issued, of sufficient amounts to pay the principal of and interest on those bonds
Section 4 The Finance Director is authonzed and directed to create and establish in his
office a special fund to be known and designated as "Construction Fund - ULID No 136" (the
"Construction Fund") for the sole purpose of paying the cost of carrying out the Improvements and
of paying the costs and expenses connected therewith and into which fund shall be deposited the
proceeds received from the issuance and sale of the bonds herein authorized to be issued The City,
through its proper officers and agents, shall proceed with the making of those Improvements and the
calling of bids therefor in the manner provided by law Pending the sale of the bonds herein
authorized to be issued, the City may issue interest-bearing warrants drawn upon the Construction
Fund to pay duly authorized and proper costs incurred in carrying out such Improvements, those
warrants to bear such interest as may be agreed upon between the City and any bank or investment
banking firm agreeing to make a market for such warrants and such warrants to be paid out of the
proceeds received from the sale of the bonds herein authorized to be issued and from any other
money available to the City in cash to finance the Improvements In the alternative, the City
50060627 01
-4-
hereafter may provide by ordinance for the issuance of other short-term obligations pursuant to
chapter 39 50 RCW
Money in the Construction Fund shall be invested until needed in any investments permitted
to the City by law, but in no event shall any investment be made in any obligation maturing later
than one year after the investment therein or later than such money is needed for the purpose of the
Construction Fund, whichever is the lesser time, nor shall any investments exceed the applicable
yield limitations imposed by Section 148 of the Internal Revenue Code of 1986, as amended, and
applicable regulations thereunder relating to arbitrage Income from such investments shall be
deposited in the Construction Fund
Section 5 To carry out the Improvements there is created and established Utility Local
Improvement District No 136 of the City of Pasco, Washington, consisting of three noncontiguous
units (Units A, B and C) (the "Distnct"), the boundaries or territorial extent of which District are
more particularly described in Exhibit B attached hereto
Section 6 The enure cost and expense of the Improvements shall be borne by and assessed
against the property specially benefited by such Improvements included in the District embracing as
nearly as practicable all property specially benefited by such Improvements The assessments in the
District shall be for the sole purpose of payment into the Water and Sewer Revenue and Refunding
Bond Redemption Fund, 1991, if water and sewer revenue bonds authorized herein are issued on a
panty of lien with the outstanding bonds payable from such fund or into a special bond redemption
fund hereafter created for the payment of water and sewer revenue bonds to be issued by the City to
provide the funds required to pay the cost and expense of carrying out the Improvements
Section 7 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 method provided by RCW
50060627 01
-5-
35 44 030, RCW 35 44 040 and RCW 35 44 045 It is the City's intention to compute assessments
based on a single sewer service to each property included within the boundaries of the District If a
property included within the District shall require additional service, that property shall be required
to pay prior to any additional connection a charge in lieu of assessment which shall be at least the
equivalent of the assessment which would have been applied to that property if that property had
required the additional service at the time of confirmation of the final assessment roll for the
District
Section 8 No property, any portion of which is outside the District, may connect to those
Improvements constructed or made a part of the District unless either that property shall have been
subject to the special assessments on the assessment roll for that District or the owners of that
property shall have paid prior to such connection 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
Section 9 Within 15 days of the passage of this ordinance there shall be filed with the
Finance Director of the City 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 Improvements to be borne by each lot, tract or parcel of
land The Finance Director shall immediately post the proposed assessment roll upon his index of
local improvement assessments against the properties affected by the local improvement
Section 10 This ordinance shall take effect and be in force from and after its passage and
five days following its publication as required by law
50060627 01
-6-
PASSED by the City Council and APPROVED by the Mayor of Pasco, Washington, at a
regular open public meeting thereof, this 7 th day of December, 1998
ATTEST
APPROVED AS TO FORM
V.-----------1,1/4110.-----
City Attorney
50 06062 70 1
-7--
EXHIBIT A
DESCRIPTION OF IMPROVEMENTS WITHIN UL1D NO 136
SEWER COLLECTION LINES TO BE INSTALLED
ON
STREET FROM TO
UNIT A
Road 45 Nixon St 680' north of Nixon St
Road 46 W Sylvester St W Margaret St
Road 47 W Sylvester St 345' north of Nixon St
Road 48 W Sylvester St 115' north of W Park St
Road 50 W Sylvester St 225' north of Nixon St
Nixon St Road 44 Road 47
Nixon St Road 48 380' west of Road 50
UNIT B
Road 46
Road 47
Road 49
Road 52
Road 54
Irving St
Irving St
Irving St
River Blvd
On Easement in Alley
W Sylvester St
W Sylvester St
W Sylvester St
W Sylvester St
W Sylvester St
Road 49
Road 52
Road 52
Road 46
Serving Lots 2, 3, 4, 5 and 6
Of Aqua View Addition of
City of Pasco
River Blvd
River Blvd
460' south of Irving St
335' south of Irving St
490' south of W Sylvester St
310' east of Road 49
655' east of Road 52
475' west of Road 52
Road 47
UNIT C
Agate St Road 40 Road 42
LXHIB1T A du
U.L.I.D. 136
EXHIBIT B
UNIT A
Beginning at the southeast corner of Lot 3, Ayers Addition, being the northwest
corner of the intersection of Road 44 and Nixon Street, thence northerly along the
east line of Lots 3, 4 and 5, Ayers Addition and Lot 4, Brenlind Addition, to the
northeast corner of Lot 4, Brenhnd Addition, thence westerly along the north line of
said Lot 4 to the northwest corner of said Lot 4, also being the southeast corner of
Lot 6, Block 2, Brenlind Addition, thence northerly along the east line of Lots 6 and
1, Block 2, Brenlind Addition, to the northeast corner of Lot 1, Block 2, Brenlind
Addition, thence westerly along the north line of said Lot 1 to a point, also being a
point from the southerly projection of the east line of Lot 1, Short Plat 79-8, thence
northerly along the southerly projection of the east line of said Lot 1 and the east
line of Lot 1, Short Plat 79-8, to the northeast corner of Lot 1, Short Plat 79-8,
thence westerly along the north line of Lot 1, Short Plat 79-8, to the northwest
corner of said Lot 1, thence southerly along the west line of Lots 1 and 2, Short Plat
79-8, to the southwest corner of Lot 2, Short Plat 79-8, thence westerly along the
north line of Lot 1, Block 1, Brenlind Addition, to the northwest corner of said Lot 1,
thence southerly along the west line of said Lot 1, also being the east ROW line of
Road 46, to a point being the easterly projection of the north line of Lot 7, Haag
Addition, thence westerly along the easterly projection of the north line of said Lot 7
to the west ROW line of Road 46, and continuing westerly along the north line of
said Lot 7, also being the north ROW line of W Margaret Street, to the northwest
corner of said Lot 7, thence southerly along the west line of Lots 7 and 8, Haag
Addition, to a point being the northeast corner of Lot 11, Haag Addition, thence
westerly along the north line of Lots 11 and 12, Haag Addition, to the northwest
corner of Lot 12, Haag Addition, thence southerly along the west line of Lots 12 and
13, Haag Addition, to a point being the northeast corner of Lot 1, Haag Addition,
thence westerly along the north line of said Lot 1 to the northwest corner of said Lot
1, being the east ROW line of Road 48, thence continuing westerly along the
projection of the north line of said Lot 1 to the west ROW line of Road 48, thence
southerly along the west ROW line of Road 48 to the north ROW line of W Park
Street, thence westerly along the north ROW line of W Park Street to a point being
the northerly projection of the east line of Lot 2, Carol T Addition, thence southerly
along the northerly projection of the east line of Lot 2 and the east line of Lot 2,
Carol T Addition, also being the west ROW line of Road 48, to the northeast corner
of Lot 3, Carol T Addition, thence westerly along the north line of Lots 3 and 4,
Carol T Addition, and Lots 6, 7, 8, 9 and 10, Block 1, Lachtman Addition, to the
northwest corner of said Lot 10, also being the east ROW line of Road 50, thence
northerly along the west line of Lot 1, Block 1, Lachtman Addition to a point, being
the easterly projection of the north line of Lot 3, Short Plat 75-1, thence westerly
along the easterly projection of the north line of said Lot 3 to the northeast corner of
said Lot 3, also being the west ROW line of Road 50, thence continuing westerly
along the north line of Lots 3, 2 and 1 of Short Plat 75-1 and Lots 4 and 3 of Short
ULID 136, Exhibit B
Page 1 of 4
Plat 78-13 to the northwest corner of Lot 3, Short Plat 78-13, thence southerly long
the west line of said Lot 3 to the southwest corner of said Lot 3, thence westerly
along the north line of Lot 1, Short Plat 78-13, to the northwest corner of said Lot 1,
also being a point in the east ROW line of Road 52, thence southerly along the west
line of said Lot 1 to the southwest corner of said Lot 1, thence westerly along the
north line of Lot 4, Short Plat 75-2, to the northwest corner of said Lot 4, thence
southerly along the west line of Lots 4 and 1, Short Plat 75-2, also being the east
ROW line of Road 52, to the southwest corner of Lot 1, Short Plat 75-2, also being
the northeast corner of the intersection of Road 52 and W Sylvester Street, thence
easterly along the south line of Lot 1, Short Plat 75-2, to the southeast corner of
said Lot 1, thence northerly along the east line of said Lot 1 to the northeast corner
of said Lot 1, thence easterly along the south line of Lot 4, Short Plat 75-2, to the
southeast corner of said Lot 4, thence southerly along the line of a lot described as
"the west 85 feet of the east 325 feet of the north 157 feet in Section 26, Township 9
North, Range 29 East, W M , of the south 292 feet of the SW4SW4NW4 and also the
north 8 feet of west 82 feet of the east 322 feet of the SW4SW4NW4," to the
southwest corner of above described lot, thence easterly along the south line of the
above described lot to the southeast corner of said lot, thence northerly along the
east line of the said lot to the northwest corner of a lot described as "the west 105
feet of the east 240 feet of the south 165 feet of the SW4SW4NW4 in Section 26,
Township 9 North, Range 29 East, W M , excluding County road," thence easterly
along the north line of said lot to the northeast corner of said lot, also being the
northwest corner of a lot described as "the south 165 feet of the east 322 feet of the
SW4SW4NW4 of Section 29, Township 9 North, Range 29 East, W M , excluding the
west 190 feet thereof and less County roads," thence southerly along the west line of
said lot to the southwest corner of said lot, thence easterly along the south line of
the described lot and the easterly extension of the south line of the said lot and the
south line of Lots 10 and 9, Block 2, Lachtman Addition, also being the north ROW
line of W Sylvester Street, to the southeast corner of Lot 9, Block 2, Lachtman
Addition, thence northerly long the east line of said Lot 9 to the northeast corner of
said Lot 9, thence easterly along the south line of Lots 3, 4, and 5, Block 2,
Lachtman Addition, to the southwest corner of Lot 5, Carol T Addition, thence
southerly along the east line of Lot 8, Carol T Addition to the southwest corner of
said Lot 8, also being the north ROW line of W Sylvester Street, thence easterly
along the north ROW line of W Sylvester Street past Road 48, Road 47, and Road
46 and continuing to the southwest corner of Lot 1, Ayers Addition, thence
northerly along the west line of Lots 1 and 2, Ayers Addition to the northwest
corner of Lot 2, Ayers Addition, thence easterly along the north line of Lot 2, Ayers
Addition to the northeast corner of said Lot 2, also being the west ROW line of Road
44, thence northerly along the west ROW line of Road 44 to the point of beginning
UNIT B
Beginning at the northeast corner of Lot 1, Klopfenstem Subdivision, also being the
southwest corner of W Sylvester Street and Road 45, thence westerly along the
ULID 136, Exhibit B
Page 2 of 4
south ROW line of W Sylvester Street to the southwest corner of the intersection of
W Sylvester Street and Road 46, thence southerly along the west ROW line of Road
46 to a point being 7 feet northerly of the southeast corner of Lot 1, Short Plat 79-3,
thence westerly along a line 7 feet northerly of the south line of Lot 1, Short Plat 79-
3 to a point being 7 feet northerly of the southwest corner of Lot 1, short Plat 79-3,
thence northerly along the west line of said lot 1 to the northwest corner of said Lot
1, thence westerly along the south line of Lot 3, Short Plat 77-15 to the southwest
corner of said Lot 3, thence northerly along the west line of said Lot 3
approximately 42 feet to a corner of said Lot 3, thence easterly along line of said Lot
3 approximately 32 feet to a corner of said Lot 3, thence northerly along the
westerly line of Lot 3, Short Plat 77-16, to the northwest corner of said Lot 3, also
being a point in the south ROW line of W Sylvester, thence westerly along the
south ROW line of W Sylvester, past Lot 1, Short Plat 77-16,and Road 47 and Lot
14, Bailie Subdivision, to the northwest corner of Lot 14, Bailie Subdivision, thence
southerly along the west line of Lots 14 and 13, Bailie Subdivision, to the southwest
corner of Lot 13, Bailie Subdivision, also being the southeast corner of Lot 3, Leeper
Subdivision, thence westerly along the south line of Lots 3 and 2, Leeper
Subdivision, also being the north ROW line of Irving Street, to the southwest corner
of Lot 2, Leeper Subdivision, thence northerly along the west line of said Lot 2, to
the northwest corner of said Lot 2 also being the south ROW line of W Sylvester
Street, thence westerly along the south ROW line of W Sylvester Street, past Road
49, continuing westerly to the northwest corner of Lot 21, Aquaview Addition,
thence southerly along the west line of said Lot 21 to the southwest corner of said
Lot 21, thence westerly along the south line of Lots 20 and 19, Aquaview Addition,
to the southwest corner of Lot 19, Aquaview Addition, thence northerly along the
west line of said Lot 19 to the northwest corner of said Lot 19, also being the south
ROW line of W Sylvester Street, thence westerly along the south ROW line of W
Sylvester Street past Road 52 and continuing westerly to the northeast corner of
Lot 2, Johnson's Subdivision, thence southerly along the east line of said Lot 2 to
the southeast corner of said Lot 2, thence westerly along the south line of Lots 2 and
1, Johnson's Subdivision, to the southwest corner of Lot 1, Johnson's Subdivision,
also being along the east line of Lot 2, Short Plat 75-4, thence northerly along the
east line of said Lot 2, to the northeast corner of said Lot 2, thence westerly along
the north line of said Lot 2, to the northwest corner of said Lot 2, also being the
southwest corner of Lot 1, Short Plat 75-4, thence northerly along the west line of
said Lot 1 to the northwest corner of said Lot 1, also being the south ROW line of W
Sylvester Street, thence westerly along the south ROW line of W Sylvester Street
to the southwest corner of the intersection of W Sylvester Street and Road 54,
thence southerly along the west ROW line of Road 54 to a point that is the westerly
projection of the south line of the lot described as, "#4 portion of Government Lot 4
in Section 27, Township 8 North, Range 29 East, W M, commencing at the
Northeast corner of Government Lot 4, thence N89°33'58" W along line of said Lot
4, 692 8 feet, thence S1°17'17W", 234 56 feet, thence S21°43'59"W, 57 8 feet, thence
S21°41'09"W, 12 5 feet to the True Point of Beginning, thence continuing
S21°41'09"W, 188 35 feet, thence along McNary Reservoir Taking Line by the
following bearings and distances, S88°39'59"E, 70 feet, S82°32'E, 18 2 feet, S82°35'E,
ULID 136, Exhibit B
Page 3 of 4
117 5 feet, S44°25'E, to its intersection with the west line of Johnson's Subdivision
13 4 feet, thence N1°17'17"E, along said west line 202 85 feet, thence N89°33'58"W,
148 85 feet to the True Point of Beginning", thence easterly along the westerly
projection of the south line of the said lot to the southwest corner of said lot, also
being on the United States Government Taking Line, thence easterly along the
United States Government Taking Line past Road 52, past the southerly projections
of Road 49, Road 47 and Road 46 to a point being the southeast corner of Lot 7,
Bailie Subdivision, thence northerly along the east line of Lots 7,6,5,4, 3 and 2 to a
point, also being a point 85 feet northerly of the southwest corner of Lot 2,
Klopfenstein Addition, thence easterly along a line being 85 feet northerly of the
south line of said Lot 2 to a point being 85 feet northerly of the southeast corner of
said Lot 2, thence northerly along the east line of Lots 2 and 1, Klopfenstein
Addition, to the point of beginning
UNIT C
Beginning at the southeast corner of Lot 37, Palmer Addition, also being the
northwest corner of the intersection of Road 40 and W Agate Street, thence
northerly along the east line of Lot 37, Palmer Addition, to the northeast corner of
said Lot 37, thence westerly along the north line of Lots 37, 36, 35, 34, 33 and 32
and continuing westerly across Road 42 to the northeast corner of Lot 12, Davis
Addition, thence southerly along the east line of Lot 12, Davis Addition, continuing
southerly along the west ROW line of Road 42 and along the east line of Lot 8, Block
2, Cline Addition, to the southeast corner of Lot 8, Block, 2, Clime Addition, thence
easterly across Road 42 to the northwest corner of Lot 1, Short Plat 84-4, thence
westerly along the north line of Lots 1 and 2, Short plat 84-4, to the northeast
corner of Lot 2, Short Plat 84-4, thence southerly along the east line of said Lot 2 to
the southeast corner of said Lot 2, also being the southwest corner of Lot 4, Short
Plat 77-1, thence easterly along the south line of Lot 4, Short Plat 77-1, to the
southeast corner of Lot 4, Short Plat 77-1, thence northerly along the east line of
Lot 4, Short Plat 77-1, to the southwest corner of Lot 1, Block 1, Mottners 2 nd
Addition, thence easterly along the south line of Lots 1, 2 and 3, Block 1, Mottners
2" Addition, to a point being 24 feet easterly of the southwest corner of Lot 2, Block
1, Mottners 2" Addition, thence northerly along a line being 24 feet easterly of the
east line of said Lot 2 to a point being 24 feet easterly of the northeast corner of said
Lot 2, also being a point in the south ROW line of W Agate Street, thence easterly
along the north line of Lot 3, Block 1, Mottners 2 nd Addition, to the west ROW line of
Road 40, also being the northeasterly corner of said Lot 3, thence northerly along
the west ROW line of Road 40 to the point of beginning
UL ID 136, Exhibit B
Page 4 of 4
- ---
W. PEARL ST W PEARL ST I LJL
WMPAL ST_ 1_1V OPT/ sr
UNIT [C
F ------
winTsr sr
U.L.I.D. 136
Boundries
1_ _ ____ _J _ _ ____
1 i i J
FI
Ntr PL
DI
L
w WIRY IT-
W IAARGARET ST
1 r -
NixstE*0.--/ _.J L._ w PARK
W MARGARET
L___
SYLVESTER ST
=REM
_
UMBH1
— EaSSEVZ 1. 17 Z.= — _
SUBSCRIBE AND SWORN BEFORE ME THIS
DAY OF
P E -AttO
f'
0 BOX 2608
A--t-,_. _-_-_-h5ASCO, WASHINGTON 99302 2608
0 ------ PHONE (509) 582-1500
LE
L AOVEOT1161102
INVOICE
SOLD TO
PASCO CITY OF LEGALS
PO BOX 293
PASCO WA 99301
DATE 12/13/1998 LEGAL NO #1739
ACCOUNT NO 1922
DESCRIPTION #1739 ORDINANCE 3322
TIMES 1 LINES 84 0"
'TOTAL 1 06 3 44
NOTOCEE 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
AFF8DAYllY OF PagE3111uTOO
COUNTY OF BENTON
kfr
SS
STATE OF WASHINGTON
Eboni K Twitty , being duly sworn,
deposes and says, I am the Legal Clerk of the Tr-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 #1739 ORDINANCE 3322 as it
was printed in the regular and entire issue of the Tr-City Herald
itself and not in a sup 1plement thereof, time(s),
commencing on 1211311998 , and ending on
12/13/1998 , and that said newspaper was regulary
distributed to its subscribers during all of this period
4,24;e0:X/j
th
tt/
Notary public in and for e Sta of Wash-
ington, residing at Richland
COMMISSION EXPIRES 08/1 2_00n
E C 1.1 1E 1,1'
i 1990
FINANCE 11 E PT
CITY OF PASCO, WASHINGTON
ORDINANCE NO 3322
AN ORDINAIVCE relating to the waterworks utility of the
City including the anitary sewerage systnm and tht'system 3f
storm or surface water sewers as a part thereof authorizing
water and sewer revenue bonds and interim financing to pay
the cost of carrying out a portion of the system or plan of
additions to and bettements and extensions of the waterworks
utility and creating Utility Local improvement District No 136
WHEREAS the City of Pasco Washington (the City ) by
Ordinance No 531 passed March 7 1944 provided that the
system of sewerage of the City including all additions
extensions and betterments thereto should be operated as a
part of and as belonging to the waterworks utility of the City
pursuant to the provisions of Chapter 193 of the Laws of 1941
of the State of Washington (RCW 35 67 320 et seq ) (the
Waterworks Utility ) and
WHEREAS by Ordinance No 3104 passed on August 21
1995 the City Council adopted the City of Pasco
Comprehensive Plan 1995 2015 including as a part thereof the
City of Pasco Comprehensive Sewer Plan November 1992 (the
Comprehensive Sewer Plan ) and
WHEREAS by Ordinance No 3239 passed on June 16
1997 the City Council specified and adopted the
Comprehensive Sewer Plan as the system or plan relating to
sewers for the Waterworks Utility (the System or Plan ) and
declared the estimated cost of the System or Plan to be
$79 125 000 and
WHEREAS the Comprehensive Sewer Plan provides In part
for the expansion and extension of the City s sewer collection
system to provide sewer service to areas of the City between
Road 44 and Road 54 and between W Margaret Street and the
Columbia River also Agate Street between Road 40 and Road
42 as legally described In Exhibit A hereto by the construction of
sewer lines sewer stubs a street overlay and all other work
necessary for or incidental to the provision of sewer service to
those areas (the Improvements ) as such Improvements are
more particularly described on Exhibit B hereto and
WHEREAS by Resolution No 2407 adopted November 2
1998 the City Council declared its intention to initiate the
formation of a utility local improvement district to be known and
designated as Utility Local Improvement District No 136 of the
City for the construction and installation of the Improvements
and fixed December 7 1998 at 7 00 p m local time In the
Council Chambers of the City Hall as the time and place for
hearing all matters relating to the Improvements applicable to
Utility Local Improvement District No 136 and for hearing all
objections thereto and for determining the method of payment
for the Improvements and
WHEREAS the City Engineer caused an estimate to be
made of the cost and expense of the proposed Improvements
applicable to Utility Local Improvement District No 136 and
certified that estimate to the City Council together with all
papers and Information in his possession touching the proposed
Improvements a description of the boundaries of the utility local
improvement district and a statnment of what portion of the cost
and expense of the Improvements should be borne by the
prop:My within the proposed district and
WHEREAS that estimate is accompanied by a diagram of
the proposed Improvements showing thereon the lots Yacts
parcels of land and other pr operty which will be specially
benefited by the proposed ircfprovements 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 (with additional notices correcting the
description of one pipeline improvement being sent to the
affected property owners) and the hearing was held by the City
Council on the date and at the time above mentioned and all
objections to the proposed Improvements 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 Improvements as hereinafter
described be carried out and that a utility 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 estimated cost of the acquisition construction
and installation of the Plan of the Improvements is declared to
be as nearly as may be the amount of $588 500 In Unit A
$521 085 in Unit B and $82 80 in Unit C and such estimated
costs shall be met and defrayed from the proceeds received
from the issuance and sale of water and sewer revenue bonds
of the City in the total amount of approximately $1 190 365
Such water and sewer revenue bonds shall be supported by
assessments to be levied and assessed against properties
specially benefited by the Imprbvements to be included In one
or more utility local improvement districts authorized to be
created pursuant to the provisions of RCW 35 43 042
Section 2 The City shall issue one or more series of water
and sewer revenue bonds at such times as the City Council
shall deem advisable Such revenue bonds shall bear such
designation as the City Council hereafter shall determine shall
be issued in such series shall be In such form shall bear such
date or dates and Interest rate or rates shall be payable at such
place or places shall mature serially in accordance with such
schedule beginning not earlier than one year after date of
issuance and ending not later than [17) years thereafter or shall
be term bonds shall have such option of paying prior to
maturity shall guarantee such coverage and collection of rates
shall provide for such additional funds and accounts and shall
contain and be subject to such provisions or covenants as
hereafter shall be provided by ordinance The bonds shall be
sold in such manner as the City Council shall deem to be in the
best Interest of the City The bonds shall be payable from the
gross revenues of the Waterworks Utility and from the receipt of
payments of assessments levied In Utility Local improvement
District No 138 herein created to support the payment of the
bonds herein authorized to be issued and any parity bonds
hereafter issued
Section 3 In the judgment of the City Council the gross
revenues and benefits to be derived from the operation and
maintenance of the Waterworks Utility and the Improvements
herein provided at the rates to be charged for utility services
furnished will be more than sufficient to meet all expenses of
operation and maintenance thereof, debt service on outstanding
Waterworks Utility obligations and to permit the setting aside
into a special fund out of the gross revenues of the Waterworks
Utility in addition to the special assessments to be levied and
collected in Utility Local Improvement District No 136 herein
created to support the payment of the bonds herein authorized
to be issued of sufficient amounts to pay the principal of and
Road 47 W Sylvester St River Blvd 4
Road 49 W Sylvester St 460 south of Irving St
Road 52 W Sylvester St 335 sputh of Irving St
Road 54 W Sylvester St 490 south of W Sylvester St
Irving St Road 49 310 east of Road 49
Irving St Road 52 655 east of Road 52
Irving St Road 52 475 west of Road 52
River Blvd Road 46 Road 47
On Easement in Alley Serving Lots 2 3 4 5 and 6
Of Aqua View Addition of
City of Pasco
Agate St
UNIT C
Road 40 Road 42
ULID 136
EXHIBIT B
UNIT A
Beginning at the southeast corner of Lot 3 Ayers Addition
being the northwest corner of the intersection of Road 44 and
Nixon Street thence northerly along the east line of Lots 3 4
and 5 Ayers Addition and Lot 4 Brenlind Addition to the
northeast corner of Lot 4 Brenlind Addition thence westerly
along the north line of said Lot 4 to the northwest corner of said
Lot 4 also being the southeast corner of Lot 6 Block 2
Brenlind Addition thence northerly along the east line of Lots 6
and 1 Block 2 Brenlind Addition to the northeast corner of Lot
1 Block 2 Brenlind Addition thence westerly along the north
line of said Lot 1 to a point also being a point from the southerly
projection of the east line of Lot 1 Short Plat 79 8 thence
northerly along the southerly projection of the east line of said
Lot 1 and the east line of Lot 1 Short Plat 'n 8 to the northeast
corner of Lot 1 Short Plat 79 8 thence westerly along the north
line of Lot 1 Short Plat 79 8 to the northwest corner of said Lot
1 thence southerly along the west line of Lots 1 and 2 Short
Plat 79 8 to the southwest corner of Lot 2 Short Plat 79 8
thence westerly along the north line of Lot 1 Block 1 Brenlind
Addition to the northwest corner of said Lot 1 thence southerly
along the west line of said Lot 1 also being the east ROW line
of Road 46 to a point being the easterly projection of the north
line of Lot 7 Haag Addition thence westerly along the easterly
projection of the north line of said Lot 7 to the west ROW line of
Road 46 and continuing westerly along the north line of said
Lot 7 also being the north ROW line of W Margaret Street to
the northwest corner of said Lot 7 thence southerly along the
west line of Lots 7 and 8 Haag Addition to a point being the
northeast corner of Lot 11 Haag Addition thence westerly along
the north line of Lots 11 and 12 Haag Addition to the northwest
corner of Lot 12 Haag Addition thence southerly along the
west line of Lots 12 and 13 Haag Addition to a point being the
northeast corner of Lot 1 Haag Addition thence westerly along
the north line of said Lot 1 to the northwest corner of said Lot 1
being the east ROW line of Road 48 thence continuing westerly
along the projection of the north line of said Lot 1 to the west
ROW line of Road 48 thence southerly along the west ROW
line of Road 48 to the north ROW line of W Park Street thence
westerly along the north ROW line of W Park Street to a point
being the northerly projection of the east line of Lot 2 Carol T
Addition thence souther'y along the northerly projection of the
east line of Lot 2 and the east line of Lot 2 Carol T Addition
also being the west ROW line of Road 48 to the northeast
corner of Lot 3 Carol T Addition thence westerly along the
north line of Lots 3 and 4 Carol T Addition and Lots 6 7 8 9
and 10 Block 1 Lachtman Addition to the northwest corner of
said Lot 10 also being the east ROW line of Road 50 thence
northerly along the west line of Lot 1 Block 1, Lachtman
Addition to a point being the easterly projection of the north line
of Lot 3 Short Plat 75 1 thence westerly along the easterly
projection of the north line of said Lot 3 to the northeast corner
of said Lot 3 also being the west ROW line of Road 50 thence
continuing westerly along the north line of Lots 3 2 and 1 of
Short Plat 75 1 and Lots 4 and 3 of Short Plat 78 13 to the
northwest corner of Lot 3 Short Plat 78 13 thence southerly
long the west line of said Lot 3 to the southwest corner of said
Lot 3 thence westerly along the north line of Lot 1 Short Plat
78 13 to the northwest corner of said Lot 1 also being a point
in the east ROW line of Road 52 thence southerly along the
west line of said Lot 1 to the southwest corner of said Lot 1
thence westerly along the north line of Lot 4 Short Plat 75 2 to
the northwest corner of said Lot 4 thence southerly along the
west line of Lots 4 and 1 Short Plat 75 2 also being the east
ROW line of Road 52 to the southwest corner of Lot 1 Short
Plat 75 2 also being the northeast corner of the intersection of
Road 52 and W Sylvester Street thence easterly along the
south line of Lot 1 Short Plat 75 2 to the southeast corner of
said Lot 1 thence northerly along the east line of said Lot 1 to
the northeast corner of said Lot 1 thence easterly along the
south line of Lot 4 Short Plat 75 2 to the southeast corner of
said Lot 4, thence southerly along the line of a lot described as
' the west 85 feet of the east 325 feet of the north 157 feet in
Section 26 Township 9 North Range 29 East, W M of the
south 292 feet of the SW4SW4NW4 and also the north 8 feet of \
west 82 feet of the east 322 feet of the SW4SW4NW4,' to the I
southwest corner of above described lot thence easterly along
the south line of the above described lot to the southeast corner
of said lot thence northerly along the east Ilne of the said lot to
the northwest corner of a lot described as the west 105 feet of
the east 240 feet of the south 185 feet of the SW4SW4NW4 In
Section 28 Township 9 North Range 29 East W M , excluding
County road thence easterly along the north line of said lot to
the northeast corner of said lot also being the northwest corner
of a lot described as the south 165 feet of the east 322 feet of
the SW4SW4NW4 of Section 29 Township 9 North Range 29 \
East W M excluding the west 190 feet thereof and less County'
roads thence southerly along the west line of said lot to the
southwest corner of said lot thence easterly along the south
line of the described lot and the easterly extension of the south
line of the said lot and the south line of Lots 10 and 9 Block 2
Lachtman Addition also being the north ROW line of W
Sylvester Street, to the southeast corner of Lot 9 Block 2
Lachtman Addition thence northerly long the east line of said
Lot 9 to the northeast corner of said Lot 9 thence easterly along
the south line of Lots 3 4 and 5 Block 2 Lachtman Addition to
the southwest corner of Lot 5 Carol T Addition, thence
southerly along the east line of Lot 8 Carol T Addition to the
southwest corner of said Lot 8 also being the north ROW line of
W Sylvester Street thence easterly along the north ROW line
of W Sylvester Street past Road 48 Road 47 and Road 48
and continuing to the southwest corner of Lot 1, Ayers Addition
thence northerly along the west line of Lots 1 and 2 Ayers
Addition to the northwest corner of Lot 2,Ayers Addition thence
easterly along the north line of Lot 2 Ayers Addition to the
northeast corner of said Lot 2 also being the west ROW line of
Road 44 thence northerly along the west ROW line of Road 44
to the point of beginning
t tO 0 .C. VT I 41 TVOC, WIND
Section 4 The Finance Director is authorized and directed to
create and establish In his office a special fund to be known and
designated as Construction Fund ULID No 136 (t'le
Construction Fund ) for the sole purpose of paying the cost of
carrying out the Improvements and of paying the costs and
expenses connected therewith and into which fund shall be
depesited the proceeds received from the Issuance and sale of
the bonds herein authorized to be Issued The City through its
proper officers and agents shall proceed with the making of
those Improvements and the calling of bids therefor in the
manner provided by law Pending the sale of the bonds herein
authorized to be issued the City may issue interest bearing
warrants drawn upon the Construction Fund to pay duly
authorized and proper costs incurred in carrying out such
improvements those warrants to bear such interest as may be
agreed upon between the City and any bank or investment
banking firm agreeing to make a market for such warrants and
such warrants to be paid out of the proceeds received from the
sale of the bonds herein authorized to be issued and from any
other money available to the City In cash to finance the
Improvements In the alternative, the City hereafter may
provide by ordinance for the Issuance of other short term
obligations pursuant to chapter 39 50 RCW
Money in the Construction Fund shall be invested until
needed In any investments permitted to the City by law but in
no event shall any investment be made in any obligation
maturing later than one year after the investment therein or later
than such money is needed for the purpose of the Construction
Fund whichever Is the lesser time nor shall any investments
exceed the applicable yield limitations imposed by Section 148
of the Internal Revenue Code of 1986 as amended and
applicable regulations thereunder relating to arbitrage Income
from such investments shall be deposited in the Construction
Fund
Section 5 To carry out the Improvements there is created
and established Utility Local implovement District No 136 of the
City of Pasco Washington consisting of three noncontiguous
units (Units A B and C) (the District ) the boundaries or
territorial extent of which District are more particularly described
in Exhibit B attached hereto
Section 6 The entire cost and expense of the Improvements
shall be borne by and assessed against the property specially
benefited by such Improvements included in the District
embracing as nearly as practicable all property specially
benefited by such Improvements The assessments in the
District shall be for the sole purpose of payment into the Water
and Sewer Revenue and Refunding Bond Redemption Fund
1991 if water and sewer revenue bonds authorized herein are
Issued on a parity of lien with the outstanding bonds payable
from such fund or into a special bond redemption fund hereafter
created for the payment of water and sewer revenue bonds to
be issued by the City to provide the funds required to pay the
cost and expense of carrying out the Improvements
Section 7 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 method provided by RCW 35 44 030 RCW
35 44 040 and RCW 35 44 045 It is the City s intention to
compute assessments based on a single sewer service to each
property included within the boundaries of the District If a
property included within the District shall require additional
service that property shall be required to pay prior to any
additional connection a charge in lieu of assessment which shall
be at least the equivalent of the assessment which would have
been applied to that property I , that property had required the
additional service at the time of confirmation of the final
assessment roll for the District
Section 8 No property any portion of which is outside the
District may connect to those improvements constructed or
made a part of the District unless either that property shall have
been subject to the special assessments on the assessment roll
for that District or the owners of that property shall have paid
prior to such connection 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
Section 9 Within 15 days of the passage of this ordinance
there shall be filed with the Finance Director of the City 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
Improvements to be borne by each lot tract or parcel of land
The Finance Director shall immediately post the proposed
assessment roll upon his index of local improvement
assessments against the properties affected by the local
improvement
Section 10 This ordinance shall take effect and be in force
from and after its passage and five days following its publication
as required by law
PASSED by the City Council and APPROVED by the Mayor
of Pasco Washington at a regular open public meeting thereof
this 7th day of December 1998
Charles D Kilbury Mayor
I ATTEST
m Catherine D Seaman Deputy City Clerk
a APPROVED AS TO FORM a Leland B Kerr City Attorney
EXHIBIT A
DESCRIPTION OF IMPROVEMENTS WITHIN ULID NO 136
SEWER COLLECTION LINES TO BE INSTALLED ON
STREET FROM IQ
UNIT A
Road 45 Nixon St 680 north of Nixon St
Road 46 W Sylvester St W Margaret St
Road 47 W Sylvester St 345 north of Nixon St
Road 48 W Sylvester St 115 north of W Park St
Road 50 W Sylvester St 225 north of Nixon St
Nixon St Road 44 Road 47
Nixon St Road 48 380 west of Road 50 i ‘, UNIT B
Road 46 W Sylvester St River Blvd
UNITB
Beginning at the northeast corner of Lot 1 Klopfenstein
Subdivision also being the southwest corner of W Sylvester
Street and Road 45 thence westerly along the south ROW line
of W Sylvester Street to the southwest corner of the
Intersection of W Sylvester Street and Road 46 thence
southerly along the west ROW line of Road 46 to a point being
7 feet northerly of the southeast corner of Lot 1 Short Plat 79 3
thence westerly along a line 7 feet northerly of the south line of
Lot 1 Short Plat 79 3 to a point being 7 feet northerly of the
southwest corner of Lot 1 short Plat 79 3 thence northerly
along the west line of said lot 1 to the northwest corner of said
Lot 1 thence westerly along the south line of Lot 3 Short Plat
77 15 to the southwest corner of said Lot 3 thence northerly
along the west line of said Lot 3 approximately 42 feet to a
corner of said Lot 3, thence easterly along line of said Lot 3
approximately 32 feet to a corner of said Lot 3, thence northerly
along the westerly line of Lot 3 Short Plat 77 16 to the
northwest corner of said Lot 3 also being a point In the south
ROW line of W Sylvester thence westerly along the south
ROW line of W Sylvester past Lot 1 Short Plat 77 16 and
Road 47 and Lot 14 Bailie Subdivision to the northwest corner
of Lot 14 Bailie Subdivision thence southerly along the west
line of Lots 14 and 13 Bailie Subdivision, to the southwest
corner of Lot 13 Bailie Subdivision also being the southeast
corner of Lot 3 Leeper Subdivision thence westerly along the
south line of Lots 3 and 2 Leeper Subdivision also being the
north ROW line of Irving Street tp the southwest corner of Lot
2 Leeper Subdivision thence northerly along the west line of
said Lot 2 to the northwest corner of said Lot 2 also being the
south ROW line of W Sylvester Street thence westerly along
the south ROW line of W Sylvester Street past Road 49
continuing westerly to the northwest corner of Lot 21 Aquaview
Addition thence southerly along the west line of said Lot 21 to
the southwest corner of said Lot 21 thence westerly along the
south line of Lots 20 and 19 Aquaview Addition to the
southwest corner of Lot 19 Aquaview Addition thence northerly
along the west line of said Lot 19 to the northwest corner of said
Lot 19 also being the south ROW line of W Sylvester Street
thence westerly along the south ROW line of W Sylvester
Street past Road 52 and continuing westerly to the northeast
corner of Lot 2 Johnson s Subdivision thence southerly along
the east line of said Lot 2 to the southeast corner of said Lot 2
thence westerly along the south line of Lots 2 and 1 Johnson s
Subdivision to the southwest corner of Lot 1 Johnson s
Subdivision also being along the east line of Lot 2 Short Plat
75 4 thence northerly along the east line of said Lot 2 to the
northeast corner of said Lot 2 thence westerly along the north
line of said Lot 2 to the northwest corner of said Lot 2 also
being the southwest corner of Lot 1 Short Plat 75 4 thence
northerly along the west line of said Lot 1 to the northwest
corner of said Lot 1 also being the south ROW line of W
Sylvester Street thence westerly along the south ROW line of
W Sylvester Street to the southwest corner of the intersection
of W Sylvester Street and Road 54 thence southerly along the
west ROW line of Road 54 to a point that is the westerly
projection of the south line of the lot described as #4 portion of
Government Lot 4 In Section 27 Township 8 North Range 29
East W M commencing at the Northeast corner of
Government Lot 4 thence N89°33 58 W along line of said Lot
4 692 8 feet thence S1°17 17W 234 56 feet thence
S21°43 59 W 57 8 feet thence S21°41 09 W 12 5 feet to the
True Point of Beginning thence continuing S21°41 09 W
188 35 feet thence along McNary Reservoir Taking Line by the
following bearings and distances S88°39 59 E 70 feet
S82°32 E 18 2 feet S82°35 E 117 5 feet S44°25 E to its
intersection with the west line of Johnson s Subdivision 13 4
feet thence N1°17 17 E along said west line 202 85 feet
thence N89°33 58 W 148 85 feet to the True Point of
Beginning thence easterly along the westerly projection of the
south line of the said lot to the southwest corner of said lot also
being on the United States Government Taking Line thence
easterly along the United States Government Taking Line past
Road 52 past the southerly projections of Road 49 Road 4,
and Road 46 to a point being the southeast corner of Lot 7
Bailie Subdivision thence northerly along the east line of Lots .1
7 6 5 4 3 and 2 to a point also being a point 85 feet northerly of 4
the southwest corner of Lot 2 Klopfenstein Addition thence s
easterly along a line being 85 feet northerly of the south line of'l
said Lot 2 to a point being 85 feet northerly of the southeast,l
corner of said Lot 2 thence northerly along the east line of Lots,i1
2 and 1 Klopfenstein Addition to the point of beginning 611
UNIT C ,a
Beginning at the southeast corner of Lot 37 Palmer Addition d
also being the northwest corner of the intersection of Road 4041
and W Agate Street thence northerly along the east line of Lotid
37 Palmer Addition to the northeast corner of said Lot 37 v
thence westerly along the north line of Lots 37 36 35 34 33
and 32 and continuing westerly across Road 42 to the northeast
corner of Lot 12 Davis Addition thence southerly along the east
line of Lot 12 Davis Addition continuing southerly along the
west ROW line of Road 42 and along the east line of Lot 8 —
Block 2 Cline Addition to the southeast corner of Lot 8 Block —
2 Cline Addition thence easterly across Road 42 to the
northwest corner of Lot 1 Short Plat 84 4 thence westerly
along the north line of Lots 1 and 2 Short plat 84 4 to the
northeast corner of Lot 2 Short Plat 84 4 thence southerly
along the east line of said Lot 2 to the southeast corner of said
Lot 2 also being the southwest corner of Lot 4 Short Plat 77 1
thence easterly along the south line of Lot 4 Short Plat 77 1 to N
the southeast corner of Lot 4 Short Plat 77 1 thence northerly —
along the east line of Lot 4 Short Plat 77 1 to the southwest
corner of Lot 1 Block 1 Mottners 2nd Addition thence easterly
along the south line of Lots 1 2 and 3 Block 1 Mottners 2nd
Addition to a point being 24 feet easterly of the southwest
corner of Lot 2 Block 1 Mottners 2nd Addition thence northerly
along a line being 24 feet easterly of the east line of said Lot 2
to a point being 24 feet easterly of the northeast corner of said
Lot 2 also being a point in the south ROW line of W Agate d
Street thence easterly along the north line of Lot 3 Block 1 —
Mottners 2nd Addition to the west ROW line of Road 40 also
being the northeasterly corner of said Lot 3 thence northerly
along the west ROW line of Road 40 to the point of beginning
#1739 12/13/98
,
t
1