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Home My WebLink About2205 Ordinance - RecordedChet Bailie, Mayor ATT Ad ye yn W ls, City Clerk APPROVED AS TO FORM- 405'14g , ORDINANCE NO. 2205 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 1. That the zone classification of the following described real property situated in Pasco, Franklin County, Washington, to-wit: Lots 22 - 25 and the west 10 feet of Lot 26, all in Block 3, Replat of Kurth's Addition to Pasco, as depicted in the map attached hereto and identified as Exhibit #1, be and the same is hereby changed from R-1 Low Density Residential to C-1 Retail Business, 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 Dasco this 3 day of November , 1980. Dennis J De Felice, City Attorney RECORDED IN VOL 142 F OFFIL;1AL RECORDS TACE 'FtiEST OF City of Pasco ,, Now 5 2 2) PP 10 A isoul .1R ti olirfi", S'r3 (Campbell Rezone, 30-47-Z) TY P.O. Box 293 Pasco, WA 99301 405748 C=, gr—f 00.2 F, '1414* 4P."4 irnE: N r; Li 1 -,t-TOR-1 1,1 11 YLVESTCR T- MASON IC TEMP T , 1_1)1 2CL I I # # 5 I L ^ r (: % f'‘ • o N I , ...n ,...... r'-‘1 II to 1 I %,../ I t I • .•... 0 I... • t w rO I • n O 1 9 6 21 - HAS ST II 6 ST - II 4057-49 U' 161 IlJ I J. A rrq i I 4057 4 B t(7 - 405748 cONCOM1FANT LOI,ING AGREEMENT WHEREAS, the City of Pasco, Washington, a non-charter code city, under the laws of the State of Washington (Chapter 35A 63 R.0 W. and Article 11, Section 11 of the Washington State Constitution) has authority to enact lakvs 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 3ursidiction, and WHLRLAS, 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 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 Code provisions relating to the use and development of property situated in the City of Pasco, described as follows Lots 22-25 and the west 10 feet of Lot 26, all in Block 3, Replat of Kurth's Addition to Pasco 1N11ERLA5, 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 tederal laus ielating to the use and development of the above described ploperty, and WHFRIM, the City, in addition to civil and criminal sanctions available by law, desires to enforce the rights and interests of the public by this concomltant agreement, NOW, THEREFORE, In the event the above-described property is rezoned by the City of Pa-,co to C-1 (Retail Business) and in consideration of that evcnt should it occur, and subject to the terms and conditions hereinaftel stated, the applicant does hereby covenant and agree as follows 1 The Owner (s) piomlge to comply with all of the terms of thi-TNI agieement in the event the City, as full consideration herein, grants a rezone ot the abo\,e-described propert 3 405748 .7‹:" 7•..• •-• *4 ft 1 • st, •`. o•-• k • -• ) a • • •,-CS n-• ."` 1,-7+ a•s4 ••!..P 6 • "'" 4 s'4 '••• 1•••• • ••nn • 2 .—•••• • ••• ^ Y. • • I 44111,;:31W.* n•••':' • ••n• • ar =intAFP/Kce't.... • •---470 ;IAn Itr6".47.-, *so - 405'748 2 The Ovner agrees to pelform the terms set forth in Section 4 of this agreement oze- - td-aTs -)- trnoTrrYT S1 -15f — 443)— — E — t& =e-c..&t:=r-Ltet-ed--on --the --a-bov-e---desui-ned- properly, (c -) prior to the issuance -o-E-arry -bra-l-clan-g--pc-nmrt --fur -t-h-rs LurIst -L-Lrctiurr -o -n--thi -s--pro-purty-r -td -)- -sta -t-cri -o-L-1-rcr --S-gcci-tred--trm --gera-o-d)- 3 This agreement shall be binding on the fieirs, assigns, grantees or successors in interest of the Owner(s) of the property herein described 4 Conditions Use of the property under the C-1 classification shall be limited to professional offices 405748 _ A, _ ''•-• • • • - • ere, ''..:;;P'r-a•-•.&t,.:_n•1.3` Cr' 4:).4"....,-er 7-.." ‘,1‘ Ar/e_re. 1"1.. f • • ,r • - Owners Notary Pu lic in and for the State of Uashington, residing at 1(c-A//tiet.t2ic,K * * * * * * * * 405'748 The 02rson() who ,,e names nle subsctibed herein do hereby cert_if}, that they ale the sole holoers of fee simple interest in the above described property STATE OF 1,ASHINGTON) ss County of Franklin ) b to me known to be the iTq'Tildual(s) \ho e ecuted the within and folegoing instrument on the lines abo\,e their toed names and acknowledged that the signed the same as their free and voluntary act and deed for the uses and purposes thetein mentioned , GilLan ,2I 'under my hand and official seal this 9 day of „ c14 94(10, ,>1 "+"7: \ Sik r;', 01 AV't 4:W4b /h '1/2+'• i,A9"/ 0 NO T Pki° • * f7,I . / P.-L e- 4-- • C5. 9.3 , OF UW?'‘ The agent of the corporation whose name is subscribed herein "does hereb cettif} that the corpoiation is the sole holder of fee simple interest in the above described property OWNER By STATE OF VASHING10d) S S County of Franklin ) On this day personally appeared bcfoie me to me known to be the _ of tne colbolation tnat c ,.ecuted the within and folegoing instrument, and achnoledcj ed that said inc,trument to be the free and voluntary act and deed of said cotporation for the uses and purposes therein mentioned, and on oath stated that he 'as authorized to e\ecute said instrument Given undet my hand and official seal this day of 197 On this day personally appeared before me 01 /) ,R t Dotan Public in and for the State of Washington, residing at C:414 qr'.1 C\ D.- ck2 4057418 •r A.., I - • ▪ • s r „ , - I."" .4". 1 Ordinance No 2205 . 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 condi- tioned by Concomitant Zon- ing Agreement The City Council of the City of Pasco does ordain as follows Section 1 That the zone classification of the follow- ing described real property situated in Pasco, Franklin County, Washington, to-wit Lots 22 — 25 and the 'west 10 feet of Lot 26, all in Block 3, Repiat of Kurth s Addition to Pasco, as depicted in the map attached hereto and identi- fied as Exhibit No 1, be and The same is hereby changed from R-1 Low Den- sity Residential to C-1 Re- tail Business, as conditioned by Concomitant Zoning Agreement which is at- tached hereto and is identi- fied 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 Coun- cil of the City of Pasco this 3 day of November, 1980 s Chet Bailie, Mayor Attest -s- Evelyn 'Wells, City Clerk Approved as to Form -s- Dennis J De Felice, City Attorney / Legal No 9318 — Nov 7, AFFIDAVIT OF PUBLICATION COUNTY OF Franklin ) )ss STATE OF WASHINGTON ) Phyllis Graves , being first duly sworn on oath deposes and says she is the Princlpa1 Clerk of the Tri-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. # 2205 as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a time supplement thereof, for a period of one elPrsZWPreVWX, commencing on the 7 th day of Nov. ,19 80, and ending on the day of , 19 , and that said newspaper was regularly distributed to its subscribers during all of this period That the full amount of $ 30 . 00 has been paid in full, also at the rate of 5 in.@ 6.00 = 30,00 Subscribed and sworn to before me this 1 0 th day of Nov. , 19 80 Notary Public in and for the State of Washington, residing at Pasco FINANCE DEPARTMEN I (S091 5453401 Scan 726-3401 CITY of 7. . VER.- ' ,...16,40.6,4,57,141.."41qM11.4::01.,2M,1161 P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 November 4, 1980 Tri City Herald P 0 Box 2608 Pasco, Washington 99302 Gentlemen Please publish the attached Ordinances on the following date November 7, 1980 Please send two (2) Affidavits of Publication for each Sincerely yours, Evelyn Wells City Clerk ew