HomeMy WebLinkAbout2115 Ordinance - Recorded-�•.,. • 397315
ORDINANCE NO. 2115
AN ORDINANCE relating to zoning and changing the zone classification
of certain real property within the City of Pasco from
R-1 (Low Density Residential) to C-1 (Retail Business),
as conditioned by concomitant zoning agreement.
THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS:
Section L. The zone classification of the following described
real property situated in Pasco, Franklin County, Washington, to -wit:
A portion.of Government Lot 2, Section 19, Township 9 North,
Range 30 East, W.M., Franklin County, Washington, described
as follows:
Commencing at the west quarter corner of said Section 19;
thence N 21 03' 58" E along the west line of said Section
19, also being the centerline of North 20th Street a
distance of 895.65 feet; thence S 871 56' 02" E a distance
of 50.51 feet to the true point of beginning; thence
continuing S 87° 56' 02" E, a distance of 660.21 feet;
thence S 36° 01' 47" E a distance of 817.10 feet; thence
S 001 59' 36" W a distance of 145.93 feet to the north
line of Washington State Highway No. 395; thence N 89°
00' 24" W along said north line, a distance of 322.0 feet;
thence N 81° 54' 05" W along said north line, a distance
of 420.0 feet; thence N 661 54' 02" W along said north
line, a distance of 445.0 feet; thence leaving said north
line N 00° 32' 48" E, a distance of 456.28 feet; thence N
20 03' 58" E a distance of 135.00 feet to the true point
of beginning,
as depicted.in the map attached hereto and identified as Exhibit "l",
be and the same is hereby changed from R-1 (Lova Density Residential)
to C-1 (Retail 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
afflter,w ,t�t�,•;pa.ssage and publication as required by law.
1'; "•;, � �5t.b' by the City Council of the City of Pasco this 3 day of
1979.
Chet Bailie, Mayor
e.1u,,,rty Clerx
O `rFORM:
..�rNs •f� n /J
By X � 5 o I. l A c fit
/l.t /ll.C,-
Dennis J. De Fjlide;`City Attorney
39735
"F OFrif"I;LRECORDS
�(REOUEST O
City of Pasco
33
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UC!iO i fj tf'it_ ALISj1iC"!1
FnANK COUNT"A";H.
6EPUTY
3 L
ity of Pasco
•-
PO Box
Pasco, Wa, 99301
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pJ7t3-1-5
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CONCO1,1ITANT ZONlirG 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 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.V. 43.12(c), the State
Environmental Policy 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: A portion of Government Lot 2, Section 19, Township 9 North,
Range 30 East, W.M., Franklin County, Washington, described as follows:
Commencing at.the west quarter corner of said Section 19; thence N 2003'58" E
along the west line of said Section 19, also being the centerline of North 20th
Street.a distance of 895.65 feet; thence S 87°56'02" E a distance of 50.01 feet
to the true point of beginning; thence continuing S 87056102"E, a distance of
660.21 feet; thence S 36001147"E a distance of 817.10 feet; thence S 00°59'36"
W a distance of 145.93 feet to the north line of Washington State Highway No. 395;
thence N 89°00'24"W along said north line, a distance of 322.0 feet; thence N 81°
54105" W along said north line, a distance of 420.0 feet; thence N 66054'02" W
along said north line, a distance of 445.0 feet; thence leaving said north.line
N.00°32'48"E, a distance of 456.28 feet- thence N 2103'58" E a distance of 135.00
feet to the true point of beginning.
i
WHEREAS,^the Owner(s) ha indicated willingness to cooperate3
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 a.nd 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-1 (Retail 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, grants
a rezone of the above-clescribed property.
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397315
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2. The Owner agrees to perform the terms set forth in Section 4
of this agreement. ------------
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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) Use of this property shall be limited to a motel/convention facility
together with those office.and retail activities (including gasoline
dispensation) ancillary to and _physically designed as integral
functions of the motel/convention facility.
B) The existing gasoline station situated near the northwest corner of
this property shall be vacated and removed within three (3) years
from the effective date of.this agreement.
C) Use of the existing driveway near the southwest corner of the
property shall be limited to ingress only, subsequent to installation
of 20th Avenue improvements.
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The joint venture whose name is subscribed herein does
hereby certify that it is presently acquiring a fee simple
interest in the above-described property pursuant to a Contract
of Sale with the City of Pasco dated October 31, 1979.
Owner: REMSCO, INC., a Washington
corporation, and SPINCO, INC.,
a Washington corporation,
a Joint Venture dba
RED LION MOTOR INN
By: REMSCO, INC., a joint
ventu r
By:
ecretary
STATE OF WASHINGTON )
ss.
County of Clark )
On this day personally appeared before me James A. McClaskey,
to me known to be the Secretary of the corporation that executed
the within and foregoing instrument, and acknowledged said instru-
ment 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 COT/ day of
November, 1979:
Notary Public in and r the
State of Washington, _eSidinn.
at Vancouver.
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