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Home My WebLink About2092 Ordinance - RecordedORDINANCE NO. 2092 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: The Northeast quarter of the Southeast quarter of the Northwest quarter, EXCEPT that portion thereof conveyed to the State of Washington for highway purposes by deed dated September 5, 1952, recorded October 20, 1952, as Document No. 148397 in Volume 79 of Deeds, page 390, records of Franklin County, Washington, described therein as ail that portion of said subdivision lying and being westerly of a line drawn parallel with and 75 feet distand easterly, when measured at right angles and/or radially from the center line survey of Primary State Highway No. 3, Columbia River Bridge to Primary State Highway No. 11 Connection, the specific details concerning all of which are to be found within that certain map of definite location now of record and on file in the office of the Director of Highways at Olympia and bearing date of approval June 19, 1951, revised June 24, 1952, and except that portion conveyed to the State of Washington for highway purposes by deed dated July 9, 1953; AND The East half of the Southeast quarter of the Southeast quarter of the Northwest quarter, EXCEPT the South three hundred seventy feet thereof, and EXCEPT for County Road 28, ALL in Section 25, Township 9 North, Range 29 East, W.M., 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 Dus Lness j , as conditioned by Concomitant Zoning 1. reement which _c 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-Lnd publication as required by law. ;-D"br:-the_) City Council of the City of Pasco this _� day of_ 1979. "f:•",/, f�a ..iii AT • ! � . Chet Bailie, Mayor Dennis J. De,Fe'1i'e; "CYt `71�ttorney 0 9573: 39573.-2-- R SERE CORDS ?f OEr 1c;ST OF y0 r�GE p City of Pasco OCT �ROTH �::,::,.� aUc�;;� ,aNKLIH C�UN fy . r o�UEPU'T H A 1, T0City of Pasco 957c P. 0. Box 293 Pasco, Wa 99301 I 2 � ,L -J g Y05 T3` 1121 I 7 395'32 TR rR- t 3 TR -2 .yrQ f .0 +`?J TR- 6 �. �iARIESTREET a rR-it TR -12 - N �. TR -7 8 17 19 I 1 234567 ::•x ,i 16 15 2 13'? II 109 3 12 a x 1 2 3 _.,5 lV 10 83 3 �/- h 9 3 9 8 7 6 / :•:.:::::•: 74 4,I PAR 4� .. :' ::`:•`?, 7 6 35` I Z 5 7N 2 8 5 4 36 M� 3 2 NIXON S T. p 5 6 / 1 r 19. 20, 21 9 ,10 Lr LOT 11 is � � r� rte-, ,--,-, � ,i�. "' Si a si sx ,� fTl ,!" H OPS—r—NS,----r, 439,5732 j 3932 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.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 c-ertain property has applied for a rezone of such property described below within the City's jurisdiction; and WHEREAS, the City pursua.nt.to R.C.1%. 43.12(c), the State E•'nvironmental 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: (See, Legal Description, page 2 of this document) WHEREAS, the Owner(A0 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 agreements 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 evert should it occur, and subject to the terms and conditions hereinafter stated, the.appl.icant does hereby covenant and.agree as follows: 1. The Owner(s/i 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-clescribed property. .� _.;. .� •.:,aK�. `t � ':si'1 ""�:�.� ,rayl. �.rr.•�,.•s t"yL"�4,5:'�4d�C,C' 4,�,� �l1M1a�tes.-LL :a i, ^�"� Ott •. M!.;.'M%�. w.r ,y;� - ht ': k. � ,.• ti.; =t. <. '` � t.�-0 .d „r1•u r'�t, H,. Y�, P p ., , r,,,.. 7` y'�' '2'"!: t. „-�-;.�'.. Ii7r �trtr.<.. 'nf..? .fm.. o_y� i" A;< ..c �,..Yt. .: r �%� � •�:�.:^:.:� r '�Y'^' :�'�. ;ti L ( .. i,tn fr. �F'; � ?• +..,..R F Ynw.. : � "�A �.. ,��4,`^, �'\�v: r gra'., _,v. t.. t , 1� .�:. 395732 2. The Owner agrees to perforin the terms set forth in Section 4 of this agreement. 3. This agreement shall be binding on the heirs, assigns, grantees or successors in interest of t"he Owner(s.) of the property herein described. 4. Conditions.- A. onditions; A. Owner agrees to equitable participation in the future Local Improvement District (.L.I.D.) for street and related improve- ments on 28th Avenue which shall specifically include and be limited to the following; widen the improved roadway to no more than forty-eight (.48) feet, extend storm sewer lines, construct sidewalks, construct curbs and gutters and all necessary preparatory work for said improvements. B. Owner agrees to provide fencing and planting along east, north and west property lines sufficient to minimize potential glare to west and potential.noise and lighting-impacts.to the. north and east. C. Owner agrees to provide internal circulation and stacking space for automobiles entering the drive-in theatre and to provide admission facilities, all in a manner and location to avoid, as much as practical, the accumulation of automobiles on the vicinal public streets. 5. Any amendments or modification of this agreement shall be valid only if mutually agreed upon by the City of Pasco and the Owner (_includingheirs, assignees or successors to the Owner.) in writing and recorded with the Franklin County Department of Records and Elections, LEGAL DESCRIPTION IN THE COUNTY OF FRANKLIN, STATE OF WASHINGTON The Northeast quarter of the Southeast quarter of the Northwest quarter, EXCEPT that portion thereof conveyed to the State of Washington for highway purposes by deed dated September 5, 1952, recorded October. 20, 1952,.as Document No, 148397 in Volume 79 of Deeds, page 390, records of Franklin County, Washington, described therein as all that portion of said subdivision lying and being westerly of a line drawn parallel, with and 75 feet di:stand easterly, when measured at right angles and/or radially from the center line survey of Primary State Highway No. 3, Columbia River Bridge to Primary State Highway No. 11 Connection,. the specific details concerning all of which are to be found. within that certain map of definite location now of record and on file in the office of the Director of Highways -at Olympia and bearing date of approval June 19,-1951, revised June 24, 1952, and except that portion conveyed to the State of Washington for highway -purposes -by deed dated July 9, 1953; AND The East half of the Southeast quarter of the Southeast quarter of the Northwest quarter., EXCEPT the South 370 feet there of and EXCEPT for County Road 28, ALL in section 25, Township 9 North, Range 29 East, 14 .14. CM Cid R--! 395732' '395732 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. STATE OF WASHINGTON) ss. County of Franklin) Owners: Sterling Recreation Organization Co. Jerry D it s Vice President 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 Given under my hand and official seal this day of 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: STATE OF WASHINGTON) :ss County:of King ) On this day personally appeared before me to me known to be the Leff/--t- 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 l� VAN E C. aV 101V ° to R Notary blic s �..Wa ��s .e • °a •�A for the ,Sttate Af at-�0?4&' P a 395'732