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Home My WebLink About2201 Ordinance - RecordedChet Bailie, Mayor ATT a' 4.05947 I ORDINANCE NO. 2201 AN ORDINANCE relating to zoning and assigning the C-1 Retail Business classification, as conditioned by Concomitant Zoning Agreement, to certain real property annexed to the City of Pasco. 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 south 208.71 feet of the east 208 71 feet of the southeast quarter of the southeast quarter of the southeast quarter of Section 23, Township 9 North, Range 29 East, W.M., EXCEPT the west 65 feet thereof and less that Portion of Road 36 and EXCEPT the south 36 feet for Court Street, as depicted in the map attached hereto and identified as Exhibit #1, be and the same is hereby assigned the C-1 Retail Business classification, as conditioned by Concomitant Zoning Agreement which is attached hereto and is 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 November , 1980. 3 day of ye yn We is, City Clerk APPROVED AS TO FORM v Lett CNI Dennis J. De Felice, City Attorney PEURDPDINVOL 142 01UE1014LRECORDS PAGE— F70UESTOF k..Ity of Pasco Nov ? 23 Pu:90 .,Rorn - E. iti ,),IOR T Y, a of P.O. Box 293 (McGrath Zoning Assignment, 80-37-Z) 405947 A- I t41' Pasco, WA 99301 cooPt s -nz-gv:i 405747 4,01...127- VibrA APPrrioN1 ..r, to 0 4 0 a 1 epc.b.L.E.' saBT "1' Epliklatiocb-4L ,fly C 411 CONCOMITANT 601,LNG 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.W. and Article 11, Section 11 of the Washington State Constitution) has authoiity 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 1 WHEREAS, the City pursuant to R C W 43 12(c), the State Enviionmental 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 CoOe provisions relating to— the use and development of property situated in the City of Pasco, desclibed as follows The south 208 71 feet of the East 208 71 feet of the SE1/4 of the SE1/4 of the SE1/4 of Section 23, Township 9N, Range 29E, W M , EXCEPT the west 65 feet thereof and less that portion of Road 36 and EXCEPT the south 36 feet for Court Street IN,HERLAS, the Owner(s) 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 teueral laus ielating to the use and development of the above described ploperty, and WHFRIAS, 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 C -1 (Retail Business) City of Pa-,co to and in consideration of (Alit ev(_nL should IL occur, and subject to the terms and conditions hereinaftei stated, the applacant does hereby covenant and agree as follows 1 The Ownei (s) promise to comply with all of the terms of this agieement in the event the City, as full consideration herein, grants a rezone of Lher ,Iho\,e -doscrlbed propert C‘l .4:14 405747 -",A 4,2,A. '—'•--7 tAr' " .."'Ner `. 'N.:A: --• - L .',t7:-.0' -''' c., ''''''' *r..--r -'"' , iti•-* 0 ' ..- -0 '...", - "4 '''.f: "'-'., 7 Af. TI N"' * 6° "--5-^ s ,:-...-.:.- '''''.7•• '-,z^.:...,-1,11":" -Z>e Crei A.-',..1171, ,..7."...-•,-..- - ...n-.' , -,-, .". n .....-., .-, ..."' ' ,- •••••n , e , n ,,.. •-• — i , • , I. ''" r, > -. ' ,..- - ':', , "....4' • A 4. . ,..J.` ,.. , ... ,,,„, ,,,,,, ..s. ...-I-j -.. • n ' .'",0 .•• •': ..v- 4... ''''' ' .... ' ... \ ' ...' 4 .„,:'' 4 ' 1:::443. '''..1. "..r; )77'61.-44 : ..:4:71."""r:: '1:4.- 'Ft N412.4j°1.:: :)...,.. 7j ' ' . ' 1 ,i‘ ... '''..,..J- ..,-.-.' .r. ....-. 1 ' 4' —. ' - - +..'''1151'41:194trrar,W11:"' ''M"',7511f3TAIWIrf or 4057417 2 The Ovner agrees to peLform the terms set forth in Section 4 of this agreement -(.eitcyo.e--onn-)--ta -)-wit -h-rrr tray t-h-e-de-t-e-e -f--tht-s--agr-c=e -rrtr --(tr)--pr-=-t-0-0CM-pancy of any "builTirig abuve---dsci-rbed -propurty -, ("C7 -1:51—ior *To Yhe issuance o-f--any--lau±i -d-rng --p-ernri-t -for -thi-s—coTrsTrUrrtOn on 1h is property, Cci)---- (-s-t-ated--otin-c-r-s -percrf -i-e-d -t=c -ptrrIOrit 3 This agreement shall be binding on the heirs, assigns, grantees or successors in interest of the Owner(s) of the property herein desciibed 4 Conditions A. Use of this property under the C-1 classification shall be limited to offices B Ingress/egress associated with the development and use of this property shall not occur at Court Street 4.05'747 40a747 The 1 )erson(s) whose hddleS ale subsctibed herein (1n heteby cert_tf that they ale the sole holders of fee simple interest in the above desciibed property int :sok Affem,Irr: Aft, SF/UT OF 14AsHINGTON) S S County of ranklin ) On this day personally appeared before me e a) /7,C42/74 04-0/ 4- eo 4 4- Re /e„,1 T-1/ to me known to be the individual(s) \ho e ecuted the within and foiegoing instrument on the lines above their typed names and acnowledged that the\ signed the same as their free and voluntary act and deed for the uses and purpwg theiein mentioned !LA 5,;14•4 ."4 Owners Given under my hand and official seal this 1910 , ,,,,,,,,,,, =, ' J O °G4 No ary Pb a in Ard%fol r, Washington, resi - _ ! State of- * * * * * * * * 4 t?7d r The agent of the corporation whose name is subsci-ibed does hereby certif; that the corporation is the sole holder of fee simple interest in the above described property OWNER By STATE OF VASHING1OLI) ss County of Franklin ) On this day personally apneared befote me to me known to be the of trio colt)oration teat cs ,,ecuted the within and fotegotng instrument, and acknowledged that said instrument to be the free and voluntary act and deed of said colporation for the uses and purposes that em mentioned, and on oath stated that he was authorized to e\ecute said instrument Given undei my hand and official seal this day of 197 Notal} Public in and for the State of Washington, residing at 405747 -4 4- r -„_ • , " - ' .4. , ' Ordinance No 2201 zoning anc assigning the C 1 Retail Business classifica An ordinance relating to tion, as conditioned by Con- comitant Zoning Agreement, to certain real property an- nexed to the City of Pasco The City Council of the City of Pasco does ordain as follows I, Section 1 That the zone classification of the follow- ing described real property situated in Pasco, Franklin County, Washington, to-wit The south 208 71 feet of the east 208 71 feet of the southeast quarter of the southeast quarter of the southeast quarter of Section 23 Township 9 North Range 29 East, W M, ex cept the west 65 feet there- of and less that portion of Road 34 'and except the south 36 feet for Court Street, as depicted In the moo attached hereto and identi- fied as Exhibit No 1, be and the same is hereby changed from C-1 Retail Business classification, as conditioned by Concomitant Zoning Agreement which is attached hereto and is iden titled as Exhibit No 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 Coyn cil of the City of Pasco this 3 day of November, 1980 -s Chet Bailie, Mayor Attest s Evelyn Wells, i City Clerk Approved as to Form s- Dennis J De Felice, City Attorney Legal No 9322 — Nov 7, 1980 AFFIDAVIT OF PUBLICATION COUNTY OF Franklin ) )ss STATE OF WASHINGTON ) Phyllis Graves , being first duly sworn on oath deposes and says she is the Principal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily news- paper in Franklin County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copy of a legal advertisement Ord. # 2201 as it was printed in the regular and entire issue of the Tri City Herald itself and not in a supplement thereof, for a period of one time MsTsaFtWv7411Wommenc ing on the 7th day of Novb ,19 go, and ending on the day of , 19 , and that said newspaper was regularly distributed to its subscribers during all of this period has been paid in full, also at the rate of That the full amount of $ 33 0 00 5•:4 in.@ 60 = 33.00 Subscribed and sworn to before me this 10th day of Novb ,19 80 Notary Public in and for the State of Washington residing at Pasco