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HomeMy WebLinkAbout2082 Ordinance - RecordedORDINANCE NO. 2082 AN ORDINANCE relating to zoning and changing the zone classification of certain real property within the City of Pasco from C-1 Retail Business to C-3 General Business 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: Lot 14, Block 2, Acre Park Addition, according to plat thereof recorded in Volume "B" of plats, page 11, .records of Franklin County, Washington, as depicted in the map attached hereto and identified as Exhibit "l", be and the same is hereby changed from C-1 Retail Business to C-3 General Business as conditioned by concomitant zoning agreement which is attached hereto and identified as Ekhibit "2". Section 2. That any and all zoning maps be and are hereby amended to conform to the aforesaid zone change. Section 3. This ordinance shall be in full force and effect after its passage and publication as required by law. PASSED by the City Council of the City of Pasco this 20 day of Augu-t 1979. Chet Bailie, Mayor AT QST: Evelyn Wells, City Clerk APPROVED AS TO F0.4: e nis J. De elice, City Attorney RECORDED IN VOL4 .'�- .- 3F OFFICIAL RECOR0S -",GE._.�.__REQ vSi 0" AUG ZI , 44 PHI 119 ii�ttG.th? f. i-lW;1fQR dK FRAM(' '#}iiNTY, SASH. CtJ DEPUTY AX Io PC,. " w A - (CLARK REZONE - 79-18-Z) \I 3.945674 7D E ON — OD cVi U) �Tli LLL ON Lo cn T (17-1 ,1,7 r!_w iTz- OOnH Cf) CID 17_ )N CD it 71 14 11 - ._ 0 vv t") A s ON ON.... .. ... . F IN -1 1 Rim", ET7 L J6 -'s v L -17 1% L -i I —TI — -� -- .!. i f i a i— i N 3 AA 0 '0N J—= H0:3 '0N cc TI IN C) 0 C� W,41. > e9 Lu vol t IJ man 947 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 jursidictio.n; and WHEREAS, the Owner() of certain property has applied for a rezone of such property described below within the City's jurisdiction; I 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 Pasco, described as follows: Lot 14, Block 2, Acre Park Addition, according to plat thereof recorded in Volume "B" of plats, page ll, records of Franklin County, Washington. WHEREAS, the Owner(q) 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 describedproperty; 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-3 (General 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: 1. The Owner(s) promise to comply with all of the terms of this agreement in the event the City, as full consideration herein, c7rantsj�- a rezpone of the above-described property. �•. ca b 39456 i r�t011 '. T.1 G +4"-'!' .h� � 7i.lr-� a '�F.C; �.,1a�� f-� • c. TIM'. �{ a. �..'�' � y--�b'ti.` �'" -'�'m i � Z'�° .�' s ',,f4'�;�'�'r.-�+`-h'^+,+ti �;� e� ,r,S�* ,,;.s•v'y '.' '�`-�>\ ,� ,t a`Xr� a" �,��."--S'-`.tti.- �.'•.p'--�ti•�"°�r-,,.+ '�,; ;+t�wL. ;.,3ah ,.r.� , _ . ,��; .. r''"!x � =�'� ...•-... ':•`il`°`y��,`i'"�' .'2_.�;w•r �-i:r��'�'....:.�:`���'-"��.,, ..�e�=cLht..'�:` , a..:r- �. _.+.ftiv"n..+''t'"` 3s56 -2- 2. The Owner agrees to perform the terms set forth in Section 4 of this agreement (choose one) (a) within. 60 (days) (tea) of the date of this agreement; (b)o--o-�efa-ems zrrry-}x�z3q 1-re-�-ssaa-rree- o fs--prap i 3. This agreement shall be binding on the heirs, assigns, grantees or successors in interest of the Owner(s)'of the property herein described. 4. Conditions: A. Compliance with Chapter 22.82 of the Pasco Municipal Code. ��`��'�""'q�,''�'wa� �, q;''nrr� ''� �3,� � �T{l,•rw..j ., �,,.ca�L���s*.r�'b �",-< �'Y`t`'��•-__#�'�"� �'°4� .;,�.,3r-+,le^.J"BfrY L Q3 r— CIIQ J a 394567 • �'•�, X56 e -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,de.scribed property. } a ,r Owners e--Z"a ^wYaE`� Gt.]'A-�,£INGTON) :ss. Coun in ) y#,,p ,,.FjY ankl On this da erso ally appeared before me. be to me known to the individual(s) �-.ho 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 thei.ein mentioned. Given under my hand and off' / seal this /qday of Lks , 19 7 Notary Public in and for the State of Washington, residing at The agent of the corporation whose name is subscribed herein does hereby certify that the corporation is the sole holder of fee simple interest in the above described property. OWNER: By. STATE OF WASHINGTON) :ss County of Franklin ) On this day personally appeared before me to me known to be the of tne.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 Clotary Public in and for the State of Washington, residing at ,9456'7