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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 UEc �l; UC!iO i fj tf'it_ ALISj1iC"!1 FnANK COUNT"A";H. 6EPUTY 3 L ity of Pasco •- PO Box Pasco, Wa, 99301 j®® pJ7t3-1-5 '397315 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. CID 397315 TF /I yam. 17-%'�.ST..:-'Yf.�J,y�' - _ ...+:,'`�y.•e..+; 'a - 1.{ Y_. _ _ •_ Y..'. f. ^x_40. V•� !1. .. - �I y.�\ .r,� L.� ,s..• �/ _ . '".r. �i.i•.. � .. • � i i^ ^ � 1 _. jam~\. lri i L ..�. r fM• ti.,J L ... . .Y;. ,'.='�= .. tJ'_ � mow. � `.J E 1. V �.Y++1. 397315 2. The Owner agrees to perform the terms set forth in Section 4 of this agreement. ------------ t-�e-d��e-of-�•h-i-s-a�-�e�-��;--�-��-r-�r-ion-#-o--ee��pa�e-�-e-f--a•a� c��s��-��eE�-e�-��e-�3o�e�de�e� o-€-a�}L-b�3 lc�•i��--pew•-rt--€��-��ri�-eon-�t�-ire-�°oma--o�-�•�3r s--���epe-r-�y�--(-c� } E-s-taz•e•c�-e-t-#� �-��•ee3� ied--t ire-��3od-) . 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. yS�K� � r o,^ _�.,:z; �'"�l ;,�;,��." �-.`'.'1``r': �`. ✓?'.^'�, a-'r-r?i, 5 '� q° �'-�'� � �s"� a'+� �r`'4''s�` � `""J ;k""`. �,��•..�. .'`'„ `+•` '.v - 4,i.w { _ + �'` ��� � `.3-. � -. ti„ �rw-'�.S'� �.i�+' r� `�-.'�.�",`''�+?'�'� �: =-a.: - z�.t^.nom 397315 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. 397315 J