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Home My WebLink About2034 Ordinance38502 ORDINANCE NO. 2034 AN ORDINANCE relating to zoning and changing the zone classification of certain real property within the City of Pasco from I-1 Light Industrial to I-2 Heavy Industrial as conditioned by concomitant zoning agreement. THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: Section 1. That the zone classification of the following described real property situated in Pasco, Franklin County, Washington, to -wit: The north 150 feet of the _following described parcel: That portion of Blocks 1, 2 and 3 and adjacent vacated streets and alleys in Steffin's Amended Addition to Pasco as recorded in Volume "B" of plats, page 47, described as follows: Beginning at the Northeast corner of said plat; thence North 89017105" West along the North line of said plat, 215.00 feet; thence South 0041106" West 40.00 feet to the Southerly margin of East "A" Street to the True Point of Beginning; thence continuing South 0041106" West 210.00 feet; thence South 89117105" East 78.77 feet to the Westerly margin of Oregon Avenue Ext.; thence Southerly along said margin 212.69 feet along a curve to the right through a central angle of 8°48'55" and a radius of 1382.40 feet to the South line of Lot 9, Block 1 of said plat; thence North 89017'05" West along the South line of said Lot 9 and the South line of Lot 8, Block 2, 274.57 feet to an intersection with the Northeasterly right-of-way line of the Burlington Northern Railroad, thence along said right of way 516.74 feet to the Southerly margin of East "A" Street; thence South 890171.05" East along said margin, 464.32 feet to the point of beginning. as depicted in the map attached hereto and identified as Exhibit "I", be and the same is hereby changed from I-1 Light Industrial to I-2 Heavy Industrial as conditioned by concomitant zoning agreement which is attached hereto and identified as Exhibit "II". Section 2. That any and all zoning maps be and are hereby amended to conform to the aforesaid zone change. Section 3. This ordinance shall be in full force and effect after its passage and publication as required by law. PASSED by the City Council of the City of Pasco this 20 day of February 1979. T Chet Bailie, Mayor n ells, City �erk� AP ROVED AS TO F RM: ,388502 (TOMMY'S SALVAGE) Dennis J. DW Felice, City Attorney ry f \ `` w i rl 1 l[ \t ��, y.• t, �.,, j!i_ i - 1�LwJ ', i7 �i'J [(-�,,�•� Ca7L IT '1\11m m U0 ,12" 5 "i�1t -' ,?• •,`It *out(, i' ri �% 1 f� ✓ Y3: , �1t_,40 toF �:� :A �:� 1�! - - _ _ �I- 1 u , •, I�illt:. _ to C x :•st�� 1 5 ice,',\ \1 IYc o,: ;l ;V,'✓0"" {.� :_�.� :'� � Li y - 3! '��LmTtll �,�� tr•t1��`o'.St��.•t, ` 1ri1' I `� �:� \44� ttb[ -``�� - �r�� a�� _" �� _ ,. • c..._ s-� ,:r• �'` `. Y,1 a,�Y`\.� -f`� r� \�\ ��:•"y�• ,:tt � i!, - �.H`�' � � - �1_ - - - .. _1� 1.. � _1 I. 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ILS j th - (((444"' �•• . � / I � • , •' \�,\�\fir/[ 383502 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 jursidiction; and WHEREAS, the Owner(s) of certain property has applied for a rezone of such property described below within the City's jurisdiction; and WHEREAS, the City pursuant to R.C.W. 43.12(c), the State Environmental Police 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 Pascei:,, described as follows: (See, Page 2, #5, Legal Description) I WHEREAS, the Owner(X) has indicated willingness to cooperate with the City of Pasco, its Planning Commission and Planning Department to insure compliance with the Pasco Zoning Code, and all other local, state and federal: laws relating to the use and development of the above j described property; and WHEREAS, the City, in addition to civil and criminal sanctions available bylaw, 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 I-2, Heavy Industrial and in consideration of that event should it occur, and subject to the terms and conditions I hereinafter stated, the applicant does hereby covenant and agree as'f follows: 1. The Owner(s) promise to comply with all of the terms of this agreement in the event the City, as full consideration herein, grants a rezpone of the above-described property. g5U"L ... ...... . ._,.>.,_ ./c ..^�..-�._�,.m.::�.,.�4.ri:�,:�,y6;��„rx�.,i-aw�wc�l..a9Er: �rr�n.�-.tt�i.£,x..•s-� ..>>a.Y..P �vw..,,--: �. _._ _, -,. a.<�� --""-- ` --- Ira 2. The Owner agrees to perform the terms set forth in Section 4 of this agreement. (c-.I;egse awe.) (a) ;-Ait4i P (4&ys): (;RgAtAr.) S€ the elate of t449aqL--eeffient, (b) €e e-e9eeFaRe�—e€ aR�' btiilEIig eg a-n�' bU4:14iREJ Peicf}b €e4F Ibis ee s tet:}e en tb4:e--ePeL-ty-;--E44 (starred et=her- sic -._€}ed 41;p@ i 3. This agreement shall be binding on the heirs., assigns, j grantees or successors in interest of the Owner(s) of the property herein described. 4. Conditions: A. Use of this property shall be .limited to a salvage operation conducted in accordance with Section 22.60.010 (2). B. So long as this property is used for a salvage operation, only one ingress/egress point shall occur on "A" Street, but the gate shall be of a solid nature. C. Storage of material upon this property shall not exceed eight (8), feet in,heic*it . D. Within sixty (60) days from the effective date of this. agreement, a solid fence eight feet in height shall be installed along the west, north and east property lines. 5. Legal Description: The north 150 feet of the following described parcel: That portio:: of Blodks 1, 2 and 3 an(:? adjacent vacated streets and alleys in Steffin's Amended Addition to Pasco as recorded in Volume "B" of plats, page 47, described as follows: Beginning at the Northeast corner of said plat; thence North 8917' 05" West along the North line of said plat, 215.00 feet; thence South 0041'06" West 40.00 feet to the Southerly margin of East "A" Street to the True Point of Beginning; thence continuing South 0041'06" West 210.00 feet; thence South 89017'05" East 78.77 feet to the Westerly margin of Oregon Avenue Ext.; thence Southerly. along said margin 212769 feet along a curve to the right through a central angle of 8048155" and a radius of 1382.40 feet to the South line of Lot 91 Block 1 of said plat; thence North 89017105" West along the South -,.line G'3 of said Lot 9 and the South line of Lot 8, Block 2, 274.57 feet to an Q intersection with the Northeasterly right of way line of the Burlington Northern Railroad, thence along said right of way 516.74 feet to the Southerly margin of East "P_" Street; thence South 89017'05" East „along � said margin, 464.32 feet to the point of beginning. 38850.119 I jt 'h 1 tv � ;y t �s �. `r �i •fi .�(1. �/r' CJ Pt1G G City of Pascori 3 F[a Zi i 1 N t XTYI WA58. City of Pasco P. 0. Box 293 Pasco, Via. 99301 I -3 - The person(s) whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the above described property. Owners: 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 typed names and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes thel.ein mentioned. /f - Given under my hand and official seal this day••,ovf �p , 197. Notay Public in and for, t!h a e of .� -Washington, residing, a,�,``? >� �moll - The agent of the corporation whose name is subscribed herein does hereby certify that the corporation is the sole holder of fee. simple interest in the above described property. OWNER: I By: STATE OF WASHINGTON) :ss County of Franklin ) On this day personally appeared before me K^^� to me known to be the of the corporation that executed the within and foregoing instrument,; and acknowledged that said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. Given under my hand and official seal this day of 197 Notary Public in and for the State of Washington, residing at 388502