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
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CONCOMITANT 'ZONING AGREEMENT
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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.
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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
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.. 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.
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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
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394.568