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HomeMy WebLinkAbout2083 Ordinance - RecordedORDINANCE NO. 2083 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 1 concomitant zoning agreement. THE CITY COCJNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLL01,17S : Section 1. That the zone classification of the following described real property situated in Pasco, Franklin County, Washington, to -wit: Lots 1-10, inclusive, Block 1, Avery's Addition, according to plat thereof recorded in Volume "B" of plats, page 65, 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 Exhibit "2". Section 2. That any and all zoning maps be and are hereby amended to conform to the aforesaid zone change. Section 3. This ordinance shall be in .full force and effect after its passage and publication as required by law. -PASSED by the City Council of the -City of Pasco this 20 day of August , 1979. _�,----- Chet Bailie, Mayor AT EST ve✓l:yn lls, City Clerk APPROVED AS TO FO De . i s J.. De el ice ; Ci tv Attorney RE00RDE u IN YQ` 14-7 OF !3FFICi Ir. RECORDS PAGE g2EOLt AuG 44 UL0R, T f I Y iQ'ONP tux :7i R f E A Cps T''� �I. DEPUTY jA, '7`, 0 /� f-� v F J 44 (MARQUEZ REZONE - 79-20-Z) 00 394568 r__ IF - 0, M— ki '3 AV _NO133 N 18d 4, ._j :DAV Ell F F Mr, I AV M31A�Jlvj 127 801 ON— Ln E 1, AIR C\j F7 1 FIR I. I 1E= I m 2MN3(11VM, ON CD 9 nzIc04 . -Em Em, "'"'F- Tj U) oonH 'ON co Nm E 38ovyV3AS ON la47;0v z Z/ 70/1 1 3 A V ;V `. ,9 CONCOMITANT 'ZONING AGREEMENT Iq WHEREAS, the City of Pasco, Washington, a non -charter code city, under the laws of the State of Washington (Chapter 35A.63 R.C.11. 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.1%. 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: Lots 1 to 10, inclusive, Block 1, Avery's Addition, according to plat thereof.recorded in Volume "B" of Plats, page 65, records of Franklin County, Washington. WHEREAS, the Owner(A) 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 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-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(d) promises. -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. C� 3'4568 y, .t.�'e�x�•,.� �.-,r�...�,� �.c�,..a.-�,"a,"=qy°�.-s�!^t "e'"'�+' "'-•�i7'E�}r�f.sriq�,$'Y.d�"'�':?"���4-�'�a,_�i..ar'Z' .r� � • �h-+:."--"J`,s' tom' '�c".'Y .� �� �� �" +ta.1� �•L;. w.,t'�Y MY. p�� ✓+..-4��+ r 1';. i•✓' � r k.�C. .h .; of 1"4rTar..�.,.'`? a'Z_.,:►.rr �:�v�+,::,7�':rw'(r-�?{.p°"n"t'`.. �.c�„ �,.+�r.hr� -2- 563 8 2- 5638 2_ The Owner agrees to perform -the terms set forth in Section 4 of this agreement (choose one) (a) withingC (days) (Mnnf-L54 of the date of this agreement;(-i3}--i�r--t-c�-oec�zpaTrc-y-trf--anyl�ai�z3rri�- cc�natrtrct-orrthe-ai�av�ec�'rS�cT'���p�rty; -�c�- prior-�o tfie issuance properly;--�dT-- F-stateZY-otir�r�sec'i�TeL�-�St'fi�-�S�P�a .. 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. 3 394568 - �s � yt � ` ,�3-^> w.b� c``'- T 1,� "tel- ;et�`4fm � .�. rr^�� c,, �"�,"`.r�� e� j`sh� rt }`_ ,',,"'�'~ �'?F �`'�?���y'":�.��-,' � `•'r -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 da personally appeared before me C3,ew /q/2a6m-2 _ 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�u7 poses therein mentioned. !'aai1'y Given under my hand and official seal s le) ,c '40 3. 197 r Notary " is i4K and% f ,fir t' ` '- of Washington, residing/�a-W,,1.*;'. 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 to me known to be the of the cora)-oration that executed the within and foregoing instrument, and acknowledged that said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. Given under my hand and official seal this day of 197 tlotary Public in and for the State of Washington, residing at r-- 394.568