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HomeMy WebLinkAbout2229 Ordinance - RecordedRECORDEPA V012.— C.F OF Er U5 RE.CARDS c(IK E F.-7q LLEST SF ity of gasc c7E9i $11 firt ;I 1.1,1, MIR F Ri,0114.11 WINT1f, rert 1 City of asco PO Box 297 Pasco, Wa0 99301 407850 ou.0 0 ORDINANCE NO. 2229 AN ORDINANCE relating to zoning and changing the zone class- ification of certain real property within the City of Pasco from C-3 (general business) to I-1 (light industry) as conditioned by concomitant 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: PARCEL A: A portion of the Northwest Quarter of Section 21, Township 9 North Range 30 East, W.M., Franklin County Washington, being more particularly described as follows: Commencing at the northwest corner of said Section 11, thence south 89° 29' 38" east, along the north line of said Section 21, a distance of 2306.99 feet; thence south 00° 30' 05" west, a distance of 1947.98 feet; thence north 46° 03' 06" west, a distance of 176.11 feet to the point of curve of a curve to the left whose long chord bears north 52° 10' 17" west, a distance of 1144.66 feet; thence around said curve ,a distance of 1146.84 feet to the true point of beginning; thence south 31° 42' 33" west, a distance of 378.71 feet to the point of curve of a curve to the left whose long chord bears north 61° 28' 59" west, a distance of 555.71 feet; thence around said curve a distance of 556.00 feet; thence north 25° 19' 30" east, a distance of 378.71 feet to the point of curve of a curve to the right whose long chord bears south 61° 28' 59" east a distance of 597.89 feet; thence around said curve, a distance of 598.20 feet to the true point of beginning. PARCEL B: A portion of the northwest quarter of Section 21, Township 9 north, Range 30 east, W.M., Franklin County, Washington, being more particularly described as r"•= follows: Comulencing at the northwest corner of said 7.Z:C Section 21; thence south 89° 29' 38" east, along the north line of said Section 21, a distance of Lo , (Columbia East Rezone - 80-57-Z). 4C7350 407850 -2- 2306.99 feet; thence south 00 0 30' 05" west, a distance of 1947.98 feet' thence north 469 03' 06" west, a distance of 176.11 feet to the point of curve of a curve to the left whose long chord bears north 48° 38' 05" west, a distance of 483.93 feet; thence around said curve, a distance of 484.09 feet to the true point of beginning; thence south 38° 46' 55" west, a distance of 378.71 feet to the point of curve of a curve to the left whose long chord bears north 54° 24' 36" west, a distance of 555.71 feet; thence around said curve, a distance of 556.00 feet; thence north 31° 42' 33" east, a distance of 378.73 feet to the point of curve of a curve to the right whose long chord bears south 54° 26' 04" east, a distance of 602.43 feet; thence around said curve, a distance of 602.75 feet to the true point of beginning. PARCEL C: A portion of the northwest quarter of Section 21, Township 9 north, range 30 east, W.M., Franklin County, Washington, being more particularly described as follows: Commencing at the northwest corner of said Section 21; thence south 89° 29' 38" east, along the north line of said Section 21, a distance of 2306.99 feet; thence south 00° 30' 05" west, a distance of 1947.98 feet to the true point of beginning; thence continuing south 00° 30' 05" west, a distance of 109.05 feet; thence south 44° 59' 28" west, a distance of 300.00 feet to the point of curve of a curve to the left whose long chord bears north 45° 31' 48" west, a distance of 45.64 feet; thence around said curve, a distance of 45.64 feet; thence north 46° 03' 06" west, a distance of 200.00 feet to the point of curve of a curve to the left whose long chord bears north 48° 38' 05" west, a distance of 449.80 feet; thence around said curve, a distance of 449.95 feet; thence north 38° 46' 55" east, a distance of 378.71 feet; to the point of curve of a curve to the right whose is) long chord bears south 48° 38' 05" east, a distance of 483.93 feet; thence around said curve, a distance of 484.09 feet; thence south 46° 03' 06" '- east, a distance of 176.11 feet to the true point tin of beginning. PARCEL D: A portion of the northwest quarter of Section 21, Township 9 north, Range 30 east, W.M., Franklin County, Washington, being more particularly described as follows: L. g Nq rift Commencing at the northwest corner of said Section 21, thence south 89° 29' 38" east, along the north line of said Section 21, a distance of 2306.99 feet; thence south 00° 30' 05" west, a distance of 2057.03 feet; thence south 44° 59' 28" west a distance of 749.72 feet to the northeasterly right-of-way line of U.S. Highway No. 395; thence north 39° 28' 18" west, along said northeasterly right-of-way line, a distance of 125.21 feet to point of curve of a curve to the left whose long chord bears north 47° 38' 00" west a distance of 473.79 feet; thence aound said curve, continuing along said northeasterly right-of-way line a distance of 474.00 feet to the true point of beginning; thence continuing along a curve whose long chord bears north 56° 22' 34" west a distance of 916.12 feet; thence around said curve a distance of 917.67 feet; thence north 27° 51' 33" east a distance of 354.73 feet to the southwesterly right-of-way line of Commercial Avenue and point of curve of a curve to the right whose long chord bears south 56° 21' 44" east a distance of 987.49 feet; thence around said curve a distance of 989.16 feet; thence south 39° 24' 33" west a distance of 354.50 feet to the northeasterly right-of-way line of U. S. Highway No. 395 and true point of beginning. PARCEL E: A portion of the northwest quarter of Section 21, Township 9 North, Range 30 East, W.M., Franklin County, Wash- ington, being more particularly described as follows: Commencing at the northwest corner of said Section 21, thence south 89° 29' 38" east, along the north line of said Section 21, a distance of 2306.99 feet; thence south 00° 30' 05" west, a distance of 2057.03 feet; thence south 44° 59' 28" west a distance of 380.00 feet to the southwesterly right-of-way line of Commercial Avenue and the true point of beginning; thence continuing south 44° 59' 28" west a distance of 369.72 feet, to the northeasterly right-of-way line of U. S. Highway No. 395; thence north 39° 28' 18" west, along said northeasterly right-of-way line, a distance of 125.21 feet to the point of curve of kr, a curve to the left whose long chord bears north 47° 38' 00" west a distance of 473.79 feet; thence c_ around said curve, continuing along said north- easterly right-of-way line, a distance of 474.00 Lr) 4_07850 49F7-in - 4 - feet; thence north 39° 24' 33" east, a distance of 354.50 feet to the southwesterly right-of-way line of Commercial Avenue and point of curve of a curve to the right whose long chord bears south 48° 19' 16" east a distance of 388.90 feet; thence around said curve, continuing along said south- westerly right-of-way line, a distance of 389.00 feet; thence south 46° 03' 06" east a distance of 200.00 feet to point of curve of a curve to the right whose long chord bears south 45° 31' 47" east a distance of 44.18 feet; thence around said curve a distance of 44.18 feet to the true point of beginning. PARCEL F: Lots 1, 2, 3, 4, 7 and 8, Block 5, plat of Columbia East III. PARCEL G: Lots 1 to 18, inclusive, Block 1; Lots 1 to 21, inclusive, Block 2; Lots 1 to 13, inclusive, Block 3; Lots 1 to 11, inclusive, Block 4; Lots 11 to 25, inclusive, Block 5, all in Columbia East III, according to plat thereof recorded in volume "D" of plats, pages 102 and 103. PARCEL H: Lots 5 and 6, Block 5, plat of Columbia East PARCEL I: Lot 26, Block 5, plat of Columbia East PARCEL J: Lots 9 and 10, Block 5, plat of Columbia East as depicted in the map attached hereto and identified as Exhibit 1, be and the same is hereby changed from C-3 (general business) C'') to I-1 (light Industry) as conditioned by concomitant zoning R- agreements, which are attached hereto and identified as Exhibit T2 2-A, 2-B, 2-C, 2-D, 2-E, and 2-F. C.- ht) ,zzfr R-1 407850 5 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 the 2 day of February , 1981. Ira L Sch -mi dt Mayor Pro Tern ATTEST: /EverYn Wel s, City Clerk APPROVED AS TO FORM: lik""1 R -4 kr) kz.fs cr-4 I 40785o I • .17 30 _ I 3 r I 1 0 — 2 \ 17, \L Sl \ 4 ,c\ n;.. 9, c—, --105 \ SHEf1 ,44r - 1 -1 e1/4/ Ca3 c?".1 <IC Lf=3 mr,i4 EXHIBIT 1 Pasco Ord ilo cc v ,r \l Ib 0 1( la of - t .2 11.1,,•n••". 3 C;75 FREEWAY INVESTORS, a Limited cm Par s ershi Owner (s) 40 8 50 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.0 W. 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 jurisdiction; 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.0 W. 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 See attached Exhibit 1 WHEREAS, the Owner(s) have 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 agreement, NOW, THEREFORE, In the event the above described property is rezoned by the City of Pasco to I-1 (Light industry) 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 Owners) 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 described property. 2. This agreement shall be binding on the heirs, assigns, grantees or successors in interest of the Owner(s) of the property herein described. 3. The Owner(s) acknowledge they have read and,aciree to be subject t---) the terms and conditions of the protective covenants by reference included herein as recorded in Ianklin County, Volume 142,,.. Page 58, under Auditor's File No. 405605. 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. Roge F. Gray,- neral Partnern rilfrt4 EXHIBIT -J Pasco Ord 1 407850 407850 STATE OF WASHINGTON) ss. County of Benton ) On this day personally appeared before me Roger F. Gray 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 therein,r6pAWoned. c IL \ • .. " cm. rr. under my hand and official seal this 16th day of 198 al. y Owner(s)- By : STATE OF WASHINGTON) ) ss. County of On this day personally appeared before me to me known to be the 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 seal this day of , 1980. Notary Public in and for the State of Washington, residing at Red4 CZ S ' ezz-1 qz.2-4 0.0 . wt./ Notary Pf.lic in and for the State of Washington, residing at Kennewick , k* * * * Cinumtsston*expir'es 12-1-82 • 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. :).)U41. AO-No 13738 T15..scrip-tiOh Sheet TRACT A 4 0 7 8 50 A PORTION OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 9 NORTH RANGE 30 EAST, W.M." FRANKlth COUNTY,„ WASHINGTON, BEING MORE PAPTICULARLY DESCRIBED AS Fe'LLOWS. COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21,-THENCE SOUTH 89° 29' 38" EAST, ALONG THE NORTH LINE OE SAID SECTION 21, A DISTANCE OF 2306.99 FEET; THENCE SOUTH 00° 30' 05" WEST, A DISTANCE OF 1947.98 FEET; THENCE NORTH 116° 03' 06" WEST, A DISTANCE OF 176.11 FEET TO THE POINT OF CURVE OF A CURVE TO THE LEFT WHOSE LONG CHORD BEARS NORTH 52° 10' 17" WEST, A DISTANCE OF 1144.66 FEET; THENCE AROUND SAID CURVE A DISTANCE OF 1146.84 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 31° 42' 33" WEST, A DISTANCE OF 378.71 FEET TO THE POINT OF CURVE OF A CURVE TO THE LEFT WHOSE LONG CHORD BEARS NORTH 61° 28' 59" WEST, A DISTANCE OF 555.71 FEET, THENCE AROUND SAID CURVE A DISTANCE OF 556.00 FEET, THENCE NORTH 25° 19' 30" EAST, A DISTANCE OF 378.71 FEET TO THE POINT OF CURVE OF A CURVE TO THE RIGHT WHOSE LONG CHORD BEARS SOUTH 61° 28' 59" EAST A DISTANCE OF 597.89 FEET, THENCE AROUND SAID CURVE, A DISTANCE OF 598.20 FEET TO THE TRUE POINT OF BEGINNINC CONTAINING 5.01 ACRES GROSS MORE OP LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OE RECORD. 4.537 S 5 0 a). '55041 Arb No 13738 4107850 Descriptlon Sheet TRACT B A PORTION OF THE NORTHWEST QUARTER OF SECTION 21 ) FOwNSHIP 9 NORTH ) RANGE 30 EAST, W.M.) FRANKLIN COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21 ) THENCE SOUTH 89 ° 29' 38" EAST, ALONG THE NORTH LINE OF SAID SECTION 21, A DISTANCE OF 2306.99 FEET; THENCE SOUTH 00 0 30' 05" WEST, A DISTANCE OF 1947.98 FEET; THENCE NOFTTH 46 ° 03' 06" WEST, A DISTANCE OF 176.11 FEET TO THE POINT OF CURVE OF A CURVE TO THE LEFT WHOSE LONG CHORD BEARS NORTH 48 0 38' 05" WEST, A DISTANCE OF 483.93 FEET; THENCE AROUND SAID CURVE, A DISTANCE OF 484.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 38 ° 46' 55" WEST, A DISTANCE OF 378.71 FEET TO THE POINT OF CURVE OF A CURVE TO THE LEFT WHOSE LONG CHORD BEARS NORTH 54 0 P4 1 36" WEST, A DISTANCE OF 555.71 FEET; THENCE AROUND SAID CURVE ) A DISTANCE OF 556.00 FEET; THENCE NORTH 31 ° 42 ° 33" EAST, A DISTANCE OF 378.73 FEET TO THE POINT OF CURVE OF A CURVE TO THE RIGHT WHOSE LONG CHORD BEARS SOUTH 54 ° 26' 04" EAST, A DISTANCE OF 602.43 FEET; THENCE AROUND SAID CURVE ) A DISTANCE OF 602.75 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 5.03 ACRES GROSS MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD. um, Arb No 13738 Describtion'Sheet TRACT C 407850 A PORTION OF THE NORIHWEST QUARTER OF SECTION 21, lOWNSHIP 9 NORTH, RANCE 30 EAST, W.M., FPANKEIN COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING Al THE NORTHI/EST CORNER OF SAID SECTION 21, THENCE SOUTH 89° 29 1 38" EAST, ALONG THE NORTH LINE OF SAID SECTION 21, A DIIANCL OF 2305,99 IFET, THENCE SOUTH 00 0 50' 05" WEST, A DISTANCE OF 1947.98 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 00° 30 1 05" WEST, A DISTANCE OF 109.05 FEET; THENCE SOUTH 44° 59' 28" WEST, A DISTANCE OF 300.00 FEET TO THE POINT OF CURVE OF A CURVE TO THE LEFT WHOSE LONG CHORD BEARS NORTH /15° 31' 48" WEST, A DISTANCE OF /15.64 FEET; THENCE AROUND SAID CURVE, A DISTANCE Of 45.64 FEET, THENCE- NORTH 46° 03' 08" WEST, A DISTANCE OF 200.00 FEET TO THE POINT OF CURVE OF A CURVE TO THE LEFT 'HOSE LONG CHORD BEARS NORTH 48° 38' 05" WEST, A DISTANCE OF 449.80 FEET, THENCE AROUND SAID CURVE, A DISTANCE OF 449.95 FEET, THENCE NORTH 38° 46' 55" EAST, A DISTANCE OF 378.71 FEET TO THE POINT OF CURVE OF A CURVE TO THE RIGHr WHOSE LONG CHORD BEARS SOUTH 48° 38' 05" EAST, A DISTANCE OF 483.93 FEET, THENCE AROUND SAID CURVE, A DISTANCE OF 484.09 FEET; THENCE SOUTH 46° 03' OS° EAST, A DISTANCE OF 170.11 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 6.15 ACRES GROSS MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. 407850 5041 Arb 13738 Yes,cription Sheet TRACI D 407850 A PORTION OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M.) FRAN(LIN COUNTY, WASHINGION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21; THENCE SOUTH 890 29' 38" EAST, ALONG THE NORTH LINE OF SAID SECTION 21 ) A DISTANCE OF 2308.99 FEET; THENCE SOUTH 000 30' 05" WEST, A DISTANCE OF 2057.03 FEET, THENCE SOUTH 44' 59' 28" WEST A DISTANCE OF 749.72 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY No. 395; THENCE NORTH 39° 28' 18" WEST ) ALONG SAID NORTHEASTEREY RIGHT-OF-WAY LINE, A DISTANCE OF 125.21 FEET 10 POINT OF CURVE OF A CURVE TO THE LEFT WHOSE LONG CHORD BEARS NORTH 470 38' 00" WEST A DISTANCE OF 473.79 FEET, THENCE AROUND SAID CURVE, CONTINUING ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 474.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG A CURVE WHOSE LONG CHORD BEARS NORTH 560 22' 34" WEST A DISTANCE OF 916.12 FEET; THENCE AROUND SAID CURVE A DISTANCE OF 917.67 FEET, THENCE NORTH 27° 51' 33" EAST A DISTANCE OF 354.73 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF COMMERCIAL AVENUE AND POINT OF CURVE OF A CURVE TO THE RIGHT WHOSE LONG CHOPD BEARS SOUTH 56° 21' 44" EAST A DISTANCE OF 987.49 FEET; THENCE AROUND SAID CURVE A DISTANCE OF 989.16 FEET ) THENCE SOUTH 390 24' 33" WEST A DISTANCE OF 354.50 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY No. 395 AND TRUE POINI Of BEGINNING, CONTAINGING 7.76 ACRE GROSS MORE OR LESS. SUBJECT TO arD EASEMENTS ) RESTRICTIONS ) AND RESERVATIONS OF RECORD. 65t="4 ‹-S c-- ,azt4 mr—i 407 8 50 D7V41 4 ' Arb No-. 13738 Debc171pt1on Sheet TRACT dli07S50 A PORTION OF THE NORIHWEST QUARTER OF SECTIOI" 21, TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M., FRANKLIN COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21;. THENCE SOUTH 89° 29' 38" EAST, ALONG THE NORTH LINE OF SAID SECTION 21, A DISTANCE OF 2300.99 FEET, THENCE SOUTH 00 0 30' 05" WEST, A DISTANCE OF 2057.03 FEET; THENCE SOUTH 44° 59' 28" WEST A DISTANCE OF 380.00 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF COMMERCIAL AVENUE- AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 44° 59' 28" WEST A DISTANCE OF 369.72 FEET, TO THE NORfHEASTERLY RIGHT-OF-WAY LINE OF U.S. H IGHWAY No. 395, THENCE NORTH 39° 28' 18" WEST, ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 125.21 FEET TO THE POINT OF CURVE OF A CURVE TO THE LEFT WHOSE LONG CHORD BEAR; NORTH 47° 38' 00" WEST A DISTANCE OF 473.79 FEET; THENCE AROUND SAIG CURVE, CONTINUING ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 474.00 FEET; THENCE NORTH 39° 24' 33" EAST, A DISTANCE OF 354.50 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF COMMERCIAL AVENUE AND POINT OF CURVE OF A CURVE TO THE RIGHT WHOSE LONG CHORD BEARS SOUTH 48° 19' 16" EAST A DISTANCE OF 388.90 FEET, THENCE AROUND SAID CURVE, CONTINUING ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE,. A DISTANCE OF 389.00 FEET; THENCE SOUTH 46° 03' 06" EAST A DISTANCE OF 200.00 FEET TO POINT OF CURVE OF A CURVE TO THE RIGHT WHOSE (ONG rHORD DEARS SOUTH 45° 31' 47" EAST A DISTANCE OF 44.18 FEET, THENCE AROUND SAID CURVE A CZ73 DISTANCE OF 44.18 FEET TO THE TRUE POINT OF BEGINNING. •=L c_ CONTAINING 5.03 'ACRE GROSS MORE OR LESS. SUBJECT TO kfD EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. gr-•4 407850 Owner (s)• 1"/Z Will4AREIr // •et 407850 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.W. 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 jurisdiction; 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.0 W 43.12(c), the State , Environmental Policy Act, should mitigate any adverse Impacts which might result because of the proposed rezone, ape 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 LOT 9 and 10, BLOCK 5, COLUMBIA EAST III, PASCO, WASHINGTON WHEREAS, the Owner(s) have 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 entorce 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 I-1 (Light Industry) 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 described propert 2. This agreement shall be binding on the heirs, assigns, grantees or successors in interest of the Owner(s) of the property herein described. 3. The Owner(s) acknowledge they have read and agree to be subjectto the terms and conditions of the protective covenants by reference included herein as recorded in Franklin County, Volume 142, Page 58, under Auditor's File No. 405605. 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. wczt41 EXHIBIT 2-B2-B Pasco Ord - 407850 STATE OF WASHINGTON) ) ss. , County of i '6 411-4)41 ) An this day personally appeared before me /4-6IV 614 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 therein mentioned. Given ,under my hand d d official seal this c713 47-Z-)day of 407850 Notary Public i and for t.- 01980. s .\. .. .- -, r_Iii F. As`.s.0 %,, 0 -4 -0 __Apt ,-.. • _ Washington, residing at * * * * * * * * * * 0--) 0 , <`' 0 = %.,.. ' 'Yi - : n+......v.\_ ' , 4<"§e iii k tv't agent of the corporation whose name is subscribed herelft rtgo isi`ereby certify that the corporation is the sole holder of felesz,rjlple interest in the above described property. Owner (s) By . , STATE OF WASHINGTON) SS County of On this day personally appeared before me to me known to be the 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 seal this day of , 1980. Notary Public in and for the State of Washington, residing at bf3 carer gr-1 40'785 0 r 8 7 0 4-.0 EXHIBIT 2-C Pasco Ord Havt2,/ 7 , 407850 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.W. 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 jurisdiction, 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 W. 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 LOT 26, BLOCK 5, COLUMBIA EAST III, PASCO, WASHINGTON WHEREAS, the Owner,) have indicated willingness to cooperate with the City of Pasco, its Planning Commission and Planning Department to insure compliance with the Pasco l,ondng 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 agreement, NOW, THEREFORE, In the event the above described property is rezoned by the City of Pasco to I-1 (Light industry) and in consideration of that event should it occur, and subject to the terms and conditions hereinalter stated, the applicant does hereby covenant and agree as follows 1. The Owners) 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 described property. 2. This agreement shall be binding on the heirs, assigns, grantees or successors in interest of the Owner(s) of the property herein described. 3. The Owner(s) acknowledge they have read and agree to be subject to the terms and conditions of the protective covenants by reference included herein as recorded in Franklin County, Volume 142, ' Page 58, under Auditor's File No. 405605 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. n •-"Vrx."441:e .-1.4. 4 1,37850 STATE OF WASHINGTON) _ ) ss. County of 7 ,i..e- 07/Xhis (- y , personally appeared before a' / /6 ).7 me to me kfiown to bet' the , individual/(s) whqcc ecuted the within and foregoing instrument -on'the lines above their typed names and acknowledged that they sigffedthek, _ , same as their free and voluntary act and deed for the_ftses - ,-At . -. tk. therein mentioned. Given under my hand and official seal this /.Z->- '44 .. ..... 1 ,..n , 1980. olieo ,:c 0:14 0 tr) Noty Publiv in and for Stat Washington/residing at * * * * * * * * * * * * 1 ,r 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 ele.e.-4-2 STATE OF WASHINGTON) ) ss County of On this day personally appeared before me to me known to be the 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 seal this day of , 1980. nn• Notary Public in and for the State of Washington, residing at 407850 c.? 407850 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.W. 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 jurisdiction, 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.W. 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 LOT 5 and 6, BLOCK 5, COLUMBIA EAST III, PASCO, WASHINGTON WHEREAS, the Owner(s) have 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_ agreement, NOW, THEREFORE, In the event the above described property is rezoned by the City of Pasco to I-1 (Light industry) 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 Owners) 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 described property 2. This agreement shall be binding on the heirs, assigns, grantees or successors in interest of the Owner(s) of the property , herein described. 3. The Owner(s) acknowledge they have read and agree to be subject to the terms and condition-, of the protective covenants by reference included herein as recorded in Frcinklin County, Volume 142, .. Page 58, under Auditor's File No. 405605 The person(s) whose names are subscribed herein do hereby certify that they are thc sole holder of fee simple interest in the above described property. Owner (s) EXHIBIT 2-D 1e, Pasco Ord ho 6' 407850W 407850 STATE OF WASHINGTON) SS County of On this day personally appeared before me __D„th 4 ,4-,'c( 6ecrq.e.. .,:i ,7,..r to me known to be the i indrVifta,k(s) who executed the within and foregoing instrument on the 11;rlerd)110,their typed names and acknowledged that they signed the salits t rt,laAiree and voluntary act and deed for the uses and purposes theOW'RetiiAed. ;) , .A , 14--''Griven under my hand and official seal this ,:,?..aday of eg-- ea il N n MY 7 7."0 -77- : t 1 ., , 6 1980 . r * p !.7. , 0 10, , \ • / id ,s 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 (s) By - STATE OF WASHINGTON) ) ss. County of On this day personally appeared before me to me known to be the 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 seal this day of , 1980. Notary Public in and for the State of Washington, residing at 1, w Notary Public in and for the State of r ,4v1.0,z64 )4E-61-) •c:C ;7:44 40785,0 I Ir ' 40'78 5 0 CONCOMITANT ZONING AGREEMENT WHEREAS, the City of Pasco, Washinqton, 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 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 jurisdiction; 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.0 W. 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 See attached Exhibit 1 WHEREAS, the Owner(s) have indicated willingness to cooperate with the City of Pasco, its Planning Commission and Planning lipartment 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 agreement, NOW, THEREFORE, In the event the above described property is rezoned by the City of Pasco to I-1 ,Light industry) 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 described property. 2. This agreement shall be binding on the heirs, assigns,: grantees or successors in interest of the Owner(s) of the property [ herein described. 3. The Owner(s) acknowledge they have read and agree to be subject-tn the terms and comiditions of the protective covenants by , reference included herein recorded in i:anklin County', Volume ,142 ,0 Page 58, under Auditor's File No. 405605 ' 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. Owner(s) MID-COLUMBIA COMMERCIAL , INVESTORS,' Roge F. Gray, Geral Partner ,,, EXHIBIT 2-E Pasco Ord 10 c7t,/a 7 4 07850 I 407850 STATE OF WASHINGTON) ) ss. County of On this day personally appeared before me , Roger F. Gray to me known to be the \ individual(s) who executed the within and foregoing instrument on the 1 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', t*ein mentioned. , ,:ip, dr , 0 ,0 ,,,, Given under my hand and official seal this 16th day of 2:19W1k4—,_____ , 1980 sst04,-. i %., . --k- ,*-1\ .4'4_ ..- :. 4, /i 1 ' (lr 4 „ • _ , o __ , 41,5,.. rn s - c) —._„.p . i r,1 : Notary Pudic in and for the State of 1 1 cr5k 0 P1/2LiC v) *"Washington, residing at Kennewick . 4 * * * * * CbmmIsston*expirts 12-1-82 et 4,4.: .i.l. '''', \The agent of the corporation whose name is subscribed " ' .s he es hereby certify that the corporation is the sole holder / of fee ,falmple Interest in the above described property. , "' 1k/ Owner(s): By : ,STATE OF WASHINGTON) ) ss. County of On this day personally appeared before me l 't r to me known to be the 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 A ,6 authorized to execute said instrument. §„P Given under my hand and official seal this day of , 1980. I I t Notary Public in and for the State of Washington, residing at ‘00 ' 407850 / t„. tb at' Arb No.,13474 -DEScRiPTION SHEET msz11SMOCSMAID=rtsrgromm****66egtatta.6:4........41 .1.:........+4,11 4oTh350 IN THE COUNTY OF FRANKLIN, STATE OF WASHINGTON 1, Lots 1 to 21, inclusive, Block 2, 3, Lots 1 to 11, inclusive, Block 4, 5, all in Columbia East III, according to plat thereof recorded in volume "D" of plats, pages 102 and 103 407850 Lots 1 to 18, inclusive, Block Lots -1 to 13, inclusive, Block Lots 11 to 25, inclusive, Block an r-- czattl 41 a P 407850 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.W., 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 jurisdiction, 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.0 W. 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 /6/-s 2i 3r1 7 g s , C_ O tit tit( 1:1 v-e_e_ov-As 0 -c 4kji COuvol-y , aSIA, WHEREAS, the Owner's) have indic.ated 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 agreement, NOW, THEREFORE, In the event the above described property is rezoned by the City of Pasco to I-1 (Light industry) 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 Owners) 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 described property. 2. This agreement shall be binding on the heirs, assigns, grantees or successors in interest of the Owner(s) of the property herein described. 3. The Owner(s) acknowledge the have read and agree to be subject to the terms and conditions of the protective covenants by reference included herein as reuorded in Fianklin county, Volume 142, Page 58, under Auditor's File No 405605. 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. w ic EXHIBIT 2-F Pasco Ord ;lo 21 407850 c.7 By - Given under my hand and official seal this 16th day of January , 1981. „,..„/"."-----t______-----;._( ' „,.„0,, 111/7 , % Notary Public in and for thl:; Washington, residing at Pasco * L,`" Ofia i'.;:7-• z' ‘-- 0- vt,/ o -(-,> oti 9.- 4 , oissos. '' : '4 t*- 407850 STATE OF WASHINGTON) ss County of 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 therein mentioned Given under my nand and official seal this day of , 1980. 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 (s) Tippett Land & Mort age Company - STATE OF WASHINGTON) ) ss. County of .62,401A, ) On this day personally appeared before me Robert M. Tippett to me known to be the Vice President 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. qz1.4 407850 AFFIDAVIT OF PUBLICATION COUNTY OF Frank] in ) ss STATE OF WASHINGTON Phyllis G-raves , being first duly sworn on oath deposes she Principal Clerk and says is the 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- Franklin County, is now and during all of said time was printed in an office maintained place of publication of said newspaper That the annexed is a true legal advertisement Ord. # 2229 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 aaratIttXteMaltx commencing on the 6th day of Feb, ,19 81 ,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 $ 1 71 000 has been paid in full, also at the rate of 28i in.@ 6.00 171.00 paper in Washington, and at the aforesaid copy of a Crdinance No 2229 Ordinc elating to ?zoning -ono ci-7‘inalng the zone classification of certain real property within the I City of Pasco from C-3 (general business) to I-1 (light industry) as condi tioned by concomitant agreement The City Council of the City of Pasco does ordain as follows Section 1 That the zone classification of the follow- ring described real property situated in Pasco, Franklin 'County, Washington, to-wit , Parcel A A portion of 'the Northwest Quarter of 'Section 21, Township 9 'North Range 30 East, W M, Franklin County Washington, being more particularly de- scribed as follows , Commencing at the north- ; west corner of said Section 11, thence south 89° 29' 38" east, along the north line of said Section 21, a distance of 2306 99 feet, thence south 00 0 30' 05" west, a distance of 1947 90 feet, thence north 46° 03' 06" west, a distance of 176 11 feet to the point of I curve of a curve to the lett whose long chord bears north" sr. 10' 17" west, a distance of 1144 66 feet, thence around said curve a distance of 1146 84 feet \ to the true point of beginning, thence south 31° 42' 33" west, a distance of 378 71 feet to the point of curve of a curve to the left whose long chord bears north 61° 28' 59" west, a distance of 555 71 feet, thence around I said curve a distance of- 556 00 feet, Thence north 25° 19 30" east, a distance of 378T1 feet to the point of curve of a curve to the ;right whose long chord I bears south 61° 28 59" east a distance of 597 89 feet, I thence around said curve, a distance of 598 20 feet to the true point of beginning Parcel B A portion of the northwest quarter of Section 21, Township 9 north, Range 30 east, W M, Franklin County, Washing- ton, being more particularly described as follows Commencing at the north- west corner of said Section 21, thence south 89° 29' 38" east, along the north line of sold Section 21, a distance of 2306 99 feet, thence south Ca° 30'05" west, a distance of 1947 98 feet, thence north 46° 03 06 ' west, a distance of 176 11 feet to the point of curve of a curve to the left whose long chord bears north 48° 38' 05" west, a distance of 483 93 feet, thence around said curve, a distance of 484 09 feet to the true point of beginning, thence south 38° 46' 55" west, a distance of 378 91 , feet to the point of curve of a curve to the left whose ;long chord bears north 54° 24' 36" west, a distance of 555 71 feet, thence around /said curve, a distance of .55600 feet, thence north 31° 142' 33" east, a distance of 31073 feet to the point of curve of a curve to the right whose long chord bears south 54° 26' 04" east, a distance of 601 43 ,feet, thence around said 'curve, a distance of 602 75 ,feet to the true point of 'beginning Parcel C A portion of the northwest quarter _.=_ot Section 21, Towm, north, range 30 east, W N, ,Franklin County, Washing- ton, being more particularly 'described as follows Commencing at the north west corner of said Section 21, thence south 89° 29' 38" east, along the north line of said Section 21, a distance of 2306 99 feet, thence south 'ell° 30' 05" west, a distance of 1947 98 feet to the true point of beginning, thence 'continuing south 00° 30'05" 'west, a distance of 109 05 feet, thence south 44° 59' 28" west, a distance of 30300 feet to the point of curve of a curve to the left 'whose long chord bears ;north 45° 31' 48' west, a 'distance of 45 64 feet, thence around said curve, a ;distance of 45 64 feet, Thence north 46° 03' 06" west, a distance of 200 00 1 'feet to the point of curve of I a curve to the left whose I long chord bears north 48° 38' 05" west, a distance of 449 80 feet, thence around said curve, a distance of 449 95 feet, thence north 38° 46' 55" east, a distance of 378 71 feet, to the point of curve of a curve to the right, whose long chord bears south 48° 38' 05" east, a distance of 483 93 feet, thence around said curve, a distance of 484 93 feet, thence south 46° 03' 06" east, a distance of 176 11 feet to the true point of beginning Parcel D A portion of the northwest quarter of Section 21, Township 9 north, Range 30 east, IN AA , Franklin County, Washing- ton, being more particularly ' described as follows Commencing at the north- iciest corner of said Section 121, thence south 89° 29' Tr ,east, along the north line of said Section 21, a distance of 230599 feet, thence south 00° 30' 05" west, a distance of 2057 03 feet, thence south 44° 59' n" west a distance _of 749 72 feet to the north- easterly right-of-way line of U S Highway No 395, thence north 39° 28' 10" west, along said north- easterly right-of way line, a distance of 125 21 feet to point of curve of a curve to the left whose long chord bears north 47° 38' 00" west a distance of 473 79 feet, thence around said Lcurve, continuing along said the northwest quarter of Feb. 81 Section 21, Township 9 North, Range 30 East, 19 w M , Franklin County, day of , Washington, being more fPocilirottvicsularly described as Commencing at the north- west corner of said Section State of Washington residing at Pascc 21, thence south 89° 29' 38" east, along the north line of said Section 21, a distance j of 230699 feet, thence south @0° 30' 05" west, a distance of 2057 03 feet, thence south /44° 59' 28" west a distance I of 30003 feet to the south- westerly right-of-way line of I Commercial Avenue and the true point of beginning, thence continuing south 44° 59' 28" west a distance of , 369 72 feet, to the north- ) easterly right-of way line of I U S Highway No 395, Ithence north 39° 28' 18" \west, along said north- easterly right-of way line, a ' distance of 125 21 feet to the point of curve of a curve to the left whose long chord bears north 47° 38' 00" west a distance of 473 79 feet, thence around said curve, continuing along said northeasterly right-of- way line, a distance of 474 00 feet, thence north 39° 24z 33" east, a distance of 354 50 feet to the south- westerly right-of way line of Commercial Avenue and Point of curve of a curve to the right whose long chord bears south 48° 19' 16" east a distance of 388 90 feet, thence around said curve, continuing along said southwesterly right-of- way line, a distance of , 309 00 feet, Thence south 46° 03' 06" east a distance of 200 CIO feet to point of curve of a curve to the right whose long chord bears south 45° 31' 47 east a distance of 44 18 feet, thence around said curve a distance of 44 18 feet to the true point of beginning Parcel F Lots 1, 2, 3, 4, 7 and 0, Block 5, Plot of Columbia 'Eat lil Parcel G Lots 1 to 18, inclusive, Block I, Lots 1 to 21, in clusive, Block 2, Lots 1 to 13, inclusive, Block 3, Lots 1 to 11, Inclusive, Block 4, Lots 11 to 25, Inclusive, Block 5, all in Columbia East III, according to plat thereof recorded In volume "DS" of plats, pages 102 and par1 c0e3 i H Lots 5 and 6, Block 5, plat of Columbia East III Parcel I I Lot 26, Block 5, plat of Copluamrcbel la J East I I I n Lots 9 and 10, Block 5, plat of Columbia East III as depicted In the map at- tached hereto and identified as Exhibit 1, be and the same Is hereby changed from C3 (general business) to I 1 (light industry) as conditioned by concomitant , zoning agreements, which i are attached hereto and / identified as Exhibit 2 A, 2 8, 2C, 2D, 2 E, and 2 F 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 1 law Passed by the City Coun- cil of the City of Pasco the 2nd day of February, 1981 -s- Ira L Schmidt, At1;.nleastyor Pro Tern -s Evelyn Wells, City Clerk Approved as to form s- Dennis .J DeFelice, City Attorney Legal No 9961 - Feb 6, 1981 ; northeasterly Tight-of-way line a distance of 474 03 feet to the true paint of be- ginning, thence continuing along a curve whose long chord bears north 56° 22' 34" west a distance of 916 12 feet, thence around said curve a distance of 917 67 feet, thence north 27° 51' 33" east a distance of 354 73 feet to the south- westerly right-of-way line of Commercial Avenue and point of curve of o curve to the right whose long chord bears south 56 0 21' 44" east a distance of 987 49 feet, thence around said curve a distance of 989 16 feet, thence south 39 0 24' 33" west a distance of 33450 feet to the north- easterly right-of-way line of U S Highway No 395 and true point of beginning Parcel E A portion of Subscribed and sworn to before me this th Notary Public in and for the FINANCE DEPARTMENT (509) 515-3401 Scan 726-3401 ilk "4%J 4.414,k e nts2.;.10.n 2-41.4.17 ..1htilal4kie7/07. V.CettrAIW.0.0.5.31nAY at-IVALANV.I^T. A.S ti:1544i. war; C 'D'VZIX134 SAM 1.1ME14,14 CITY of P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 February 3, 1981 Tri City Herald P 0 Box 2608 Pasco, Washington 99302 Gentl emen Please publish the attached Ordinances on the following date February 6, 1981 Please send two (2) Affidavits of Publication for each Si ncerely yours, Evelyn Well s City Clerk ew 4() S7y0 ORDINANCE NO. 2229 AN ORDINANCE relating to zoning and changing the zone class- ification of certain real property within the City of Pasco from C-3 (general business) to I-1 (light industry) as conditioned by concomitant 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: PARCEL A: A portion of the Northwest Quarter of Section 21, Township 9 North Range 30 East, W.M., Franklin County Washington, being more particularly described as follows: RECOWJECA(11.11.. CF _ RE_CitatIS `t24 1c)Cf7-17):::f 17 rEa 2 12Flegt F L.. .A1‘.1- TY. VA.Sii. joufrEPtillrt City of dSco PO Box 297 Pasco, Ida. 99301 Commencing at the northwest corner of said Section 11, thence south 89° 29' 38" east, along the north line of said Section 21, a distance of 2306.99 feet; thence south 00 0 30' 05" west, a distance of 1947.98 feet; thence north 46° 03' 06" west, a distance of 176.11 feet to the point of curve of a curve to the left whose long - chord bears north 52 ° 10' 17" west, a distance of 1144.66 feet; thence around said curve a distance of 1146.84 feet to the true point of beginning, thence south 31° 42' 33" west, a distance of 378.71 feet to the point of curve of a curve to the left whose long chord bears north 61 ° 28' 59" west, a distance of 555.71 feet, thence around said curve a distance of 556.00 feet; thence north 25° 19' 30" east, a distance of 378.71 feet to the point of curve of a curve to the right whose long chord bears south 61° 28' 59" east a distance of 597.89 feet; thence around said curve, a distance of 598.20 feet to the true point of beginning. PARCEL B: A portion of the northwest quarter of Section 21, Township 9 north, Range 30 east, W.M., Franklin County, Washington, being more particularly described as follows: Comwencing at the northwest corner of said Section 21; thence south 89° 29' 38" east, along — the north line of said Section 21, a distance of Lr3 "k-t4 (Columbia East Rezone - 80-57-Z). 7S5 641_4(.1,07S-or" -2- 2306.99 feet; thence south 00 0 30' 05" west, a distance of 1947.98 feet' thence north 46° 03' 06" west, a distance of 176.11 feet to the point of curve of a curve to the left whose long chord bears north 48° 38' 05" west, a distance of 483.93 feet; thence around said curve, a distance of 484.09 feet to the true point of beginning; thence south 38° 46' 55" west, a distance of 378.71 feet to the point of curve of a curve to the left whose long chord bears north 54° 24' 36" west, a distance of 555.71 feet; thence around said curve, a distance of 556.00 feet; thence north 31° 42' 33" east, a distance of 378.73 feet to the point of curve of a curve to the right whose long chord bears south 54° 26' 04" east, a distance of 602.43 feet; thence around said curve, a distance of 602.75 feet to the true point of beginning. PARCEL C: A portion of the northwest quarter of Section 21, Township 9 north, range 30 east, W.M., Franklin County, Washington, being more particularly described as follows: Commencing at the northwest corner of said Section 21; thence south 89° 29' 38" east, along the north line of said Section 21, a distance of 2306.99 feet; thence south 00° 30' 05" west, a distance of 1947.98 feet to the true point of beginning; thence continuing south 00 0 30' 05" west, a distance of 109.05 feet; thence south 44° 59' 28" west, a distance of 300.00 feet to the point of curve of a curve to the left whose long chord bears north 45° 31' 48" west, a distance of 45.64 feet; thence around said curve, a distance of 45.64 feet; thence north 46° 03' 06" west, a distance of 200.00 feet to the point of curve of a curve to the left whose r , long chord bears north 48° 38' 05" west, a distance of 449.80 feet; thence around said curve, a distance of 449.95 feet; thence north 38° 46' 55" east, a distance of 378.71 feet; to 00 , the point of curve of a curve to the right whose 11, H long chord bears south 48° 38' 05" east, a K-i distance of 483.93 feet; thence around said curve, ri? a distance of 484.09 feet; thence south 46° 03' 06" "1- east, a distance of 176.11 feet to the true point uszt4 , of beginning. PARCEL D: A portion of the northwest quarter of Section 21, Township 9 north, Range 30 east, W.M., Franklin County, Washington, being more particularly described asA fak3ww Li"gq"tal) - 3 - Commencing at the northwest corner of said Section 21, thence south 89° 29' 38" east, along the north line of said Section 21, a distance of 2306.99 feet, thence south 00 0 30' 05" west, a distance of 2057.03 feet; thence south 44° 59' 28" west a distance of 749.72 feet to the northeasterly right-of-way line of U.S. Highway No. 395; thence north 39 0 28' 18" west, along said northeasterly right-of-way line, a distance of 125.21 feet to point of curve of a curve to the left whose long chord bears north 47 0 38' 00" west a distance of 473.79 feet; thence aound said curve, continuing along said northeasterly right-of-way line a distance of 474.00 feet to the true point of beginning; thence continuing along a curve whose long chord bears north 56° 22' 34" west a distance of 916.12 feet; thence around said curve a distance of 917.67 feet; thence north 27° 51' 33" east a distance of 354.73 feet to the southwesterly right-of-way line of Commercial Avenue and point of curve of a curve to the right whose long chord bears south 56 ° 21' 44" east a distance of 987.49 feet; thence around said curve a distance of 989.16 feet; thence south 39° 24' 33" west a distance of 354.50-feet to the northeasterly right-of-way line of U. S. Highway No. 395 and true point of beginning. PARCEL E: A portion of the northwest quarter of Section 21, Township 9 North, Range 30 East, W.M., Franklin County, Wash- ington, being more particularly described as follows: Commencing at the northwest corner of said Section 21, thence south 89° 29' 38" east, along the north line of said Section 21, a distance of 2306.99 feet; thence south 00° 30' 05" west, a distance of 2057.03 feet; thence south 44 0 59 28" west a distance of 380.00 feet to the southwesterly right-of-way line of Commercial Avenue and the true point of beginning; thence continuing south 44° 59' 28" west a distance of 369.72 feet, to the northeasterly right-of-way line of U. S. Highway No. 395; thence north 39° 28' 18" west, 1 along said northeasterly right-of-way line, a distance of 125.21 feet to the point of curve of LfD a curve to the left whose long chord bears north " 47° 38' 00" west a distance of 473.79 feet; thence g around said curve, continuing along said north- easterly right-of-way line, a distance of 474.00 mr--/ 5 4..0'7850 - 4 - t . feet; thence north 39 ° 24' 33 " east, a distance of 354.50 feet to the southwesterly right -of -way line of Commercial Avenue and point of curve of a curve to the right whose long chord bears south 48 ° 19' 16 " east a distance of 388.90 feet; thence around said curve, continuing along said south - westerly right -of -way line, a distance of 389.00 feet; thence south 46 ° 03' 06 " east a distance of 200.00 feet to point of curve of a curve to the right whose long chord bears south 45 ° 31' 47 " east a distance of 44.18 feet; thence around said curve a distance of 44.18 feet to the true point of beginning. PARCEL F: Lots 1, 2, 3, 4, 7 and 8, Block 5, plat of Columbia East III. PARCEL G: Lots 1 to 18, inclusive, Block 1; Lots 1 to 21, inclusive, Block 2; Lots 1 to 13, inclusive, Block 3; Lots 1 to 11, inclusive, Block 4; Lots 11 to 25, inclusive, Block 5, all in Columbia East III, according to plat thereof recorded in volume "D " of plats, pages 102 and 103. PARCEL H: Lots 5 and 6, Block 5, plat of Columbia East PARCEL I: Lot 26, Block 5, plat of Columbia East PARCEL J: Lots 9 and 10, Block 5, plat of Columbia East , III. f it as depicted in the map attached hereto and identified as Exhibit 1, be and the same is hereby changed from C-3 (general business) to I-1 (light industry) as conditioned by concomitant zoning cd= 4 * agreements, which are attached hereto and identified as Exhibit — ) 2 -A, 2 -B, 2 -C, 2-D, 2-E, and 2-F. ,....:. i VD +eV , SZI• 1 4t ,, . 47. ,-, .1 # / Evelyn Wells, City Clerk APPROVED AS TO FORM: attiqxj. Den is J. De elice, City Attorney 407830 - 5 - 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 the 2 day of February , 1981. Ira L Schinidt, Mayor Pro Tern ATTEST: 1 4U;830 •-n r - lit I r _ - 1 - i3 41 15 I tT -rt — ) r \ ;\ 1 \ .•“-‘ — c 't •n 1 „ I EXHIBIT 1 Pasco Ord Po , ,_; IL. • A - 4 07850 CO IC01,1IA t /0,1 , t, I\CRr,ttE`, • I. j t 01 Pa co, 1 a-,hink,ton, a non-ciaiter code cit, under the lai's of the State of Uasuinjtoi (Chapter 25A 63 PC U and Article 11, Section 11 of the 'ashington State Constitution) has autnority to enact law nd enter into agreements to promote the health, safety and welfair of Lt , citizens, and thereby control, the use and develonment of niorettv vi thin it- jurisdiction, and IHERTI\c, thc Oynei oi cer'-ain pze2crty has applied fora iczone of uch ilopeitv dl crino0 beltm ithtn the City's jvri.sdiction, and thc tily t ut"no! to I c 43 12fc), the State Env_ronrental Policy rt, 11() Li mOigate ar alverse impacts vhicn mici it result. because r'i tie pi 01 03c' 1 rezone, CHEELA , tne City O r P1,r) and the Owner (s) are both interested in compliance witn the Pa co ,uniciDal Code piovisions relatinc to the use and dcJelooreut of pioperty -itunted in the City of Pasco, described as follows See attached Exhibit 1 1 III PI Inv 0 , in z hivc IrOicatcd Nillingness to cooperate with the City cs' Pa ,-cc , 1. 0 111 itg (016,11:'FlO and Planninc Departpent to insure Lendl,a,Le with hc Pi co lonliq c_o0c, and all othci local, state an0 federal Ia' i in Co the e aid Oevelonment of tie pc,i opri' y, n 1 aoove decor] (dEPIAS, thr ci'v, in addition to Livil and criminal sanctions available by lad, de-tic , to enforce the rights and interests of the public by thi< conc_o, it ant agteemnnt, ,01 , THEREFORE, In the event the above describe0 )loperty is rezoned by the City of 1'w-co to I-1 indu ,tty) and in consideration of that event shoul0 it occui, and soojcct to the tern and conditions hereinafter Ftated, Cue anplicant 0009 ncrebv coi,enant and agree as follows 1 [hr Ou nc rpi one to comply with all of the terms of this agreeme't in the event the City, as full consiOeratian hereir, grants a rezone or th, abovt de cribed Tropettv 2 1 lu wilecilvut uall )0 bin011 ,, on the heirs, assigns, grantees or sucoc-oi 11 intcto ,t of thc 0%,net(si of the property herein de<.,cribc , 3 th( OcTicif atIne ,,l-d,0 ui 1%o tra0 and agree to IA ublert .hc I ii iiii it len ri the piot«tive col.enantt, by rcfotence tu( In Iv« in ci de, in , aiklin county, Volume 112, Paso 5b, undei ,m0ito . I its ,o 1(1,o05 911e ner,On ,1 c vome - etc seb--clibekl herein do hcrebi, certity tliat thcy ale thc ,olr hrlde, n - tee intPrest in the above de -cribed nu. Op t./ FREEWAY INVESTORS, a Limited cm _Par xsh Rget F ray, neral Partnetr, "104 EXHIBIT 2-1 Pasco Ord 407S50 407850 STATF OF WASHINGTON) ) County of Benton ) On this Jay per onally appeated before me Roger F Gray to me known to be the individual (s) who executed the witnin and foiegoing instrument on the lines above theli typed rames and acknowledged that tncy signed the same as their free and voluntaly act ara dee(' for the uses and purposes therein mentioned nndir my nand ml officii1 -ell this 16th day of January_ naa jake\\ Cotuly Piofic in a,10 for the State of We hington, residing at Kennewick * * * Commisston*expires 12 -1 -82 _The aij ent of the colooration whose name is subscribed nerein doe- hcrem cerLif tl ,at the corporation is the sole holder of fee simple inteicst in the obe ,(c 0e-cribea property. 0,,n-i (r )- ri I S1APL or 1,i\Lqit,orol, ) County of On thi - dol pc_ onolly apnello0 beferc me to me knon to be the of tic coipoiaLion that executed the within and foregoing in ,trument, ard acInowledged that said instrument to be the free and voluntary act and J(id of r -aid corporation for the uses and purpose ,- therein mentioned, and on olth stated that he was autnorized to execute said in ,tiumcnt Ci]ven indei my l'ano and oil ic eal seal thi- day of , 1 °80 ctai 1 iblic in e i toc t a State of g , i esi i lg at 407S50 4 10U4i - Arb-No 13738 DescrLption Sheet TRACT A 407850 A PORTION OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSH/P 9 NORTH RANCE 30 EAST, W M., FRANKE th COUNTY, WfSHI4ETON, DEINC MORE PAPTICULARLY DESCHIDED AS FOI_LOW' COMMENCING AT THE NORTNLEST coHurn Of SAID SICTION 21:THENCE SOUTH 89 ° 29' CAST, ALONC THI NORTH LINI OF ',AID SECTION 21, A DISTANCE OF 2305.99 rrrT, THENCE SOUTH 00° 30' 05" WEST, r A DISTANCE OF 1947.98 E/ET, THENCE NORTH /16° 0 :5' 06" tfrsT, A DISTANCE OF 176.11 FEET TO THE POINT OF CURVE OF A CURVE TO THE LEFT WHOSE tONC CHORD SEARS NORTH 52' 10' 17" WEST, A DISTANCE OF 1144.6G rirT, THENCE. AROUND SAID CURVE A DISTANCE OF 1146.84 FEET TO IRE TRUE POINT OF BECINNINC, THENCE SouTH 31° 42' 33" WEST, A DISTANLE OF 378.71 FEET 10 THE POINT OF CURVE or A CURVF TO THE tErT WHOSE LONG CHORD DEARS NORTH 61° 28' 59" WEeT, A DI'TANCE OF 555.71 FEET, THENCE AROUND SAID Curtvr A DISTANCI OF 556 00 FEET, THENCE NORTH 25° 19' 30" EA'T, A DISTANCE OF 3,78.71 FLFT TO THE POINT OF CURVE OF A CURVE TO Till- RICHT l..HCP;E LONG CHORD DEARS SOUTH 610 28' 59" EAST A DISTANCE or 597 89 rEET, THENCE AROUND SAID CURVE, A DISTANCE or 598.20 FEET TO THE TRUE POINT OF 8ECINNINC CONTAINING 5.01 ACRES CROSS moor OP LESS. SUBIECT TO EASEMENTS, RESTRICTIONS, AND RFSERVAT/ONS or RECORD. tr, tr3 nGt. er•••••f 407S 5 0 55041 Arb ND 13738 1›.-_scription Sheet TRACE El 40 785 0 A PORTION OF THE NORTHwIST QUIRTER OF SECTION 21, towNsHip 9 NORTH, RANEE 30 FAST, W.M , FPAN ,I In COUNTY, liNsHiNCTON, BEING MOPE PARTICULARLY orscoloco AS FOLIOWS COMMENCING Al 71-IF NOR -Mo./EST CORNER OF SAID SECTION 21, THE/ GE SOUTH 89° 29' ..,..Js" rAr-T, ALONG THE NORTH LINE OF SAID SECTION 21, A DISTANCE OF 2306.99 NET, THENCE SOUTH 00° 30' 05" Wr-1, A n)sTANcr OF 1947.98 FEET, THENCE NOrITH JO 05' 03" UesT, A DISTANGF OF 176.11 FEET TO THE POINT OF CUlVE OF A CURVE TO THE LEFT WHOSE LONG CHORD BEAR" NORTH 48° 58' 05" WEST, A DISTANCE OF 483.93 FEET, THEMCE AROUND 'A II) CURVE, A DISTANCE OF 484.09 FEET TO THt TRUE POINT OF RECINNINC, THENCE - SOUTH 38° 4G' 55" WET, A DI ,TANCE OF 378.71 FEET' TO THE POINT OF CURVE OF A CuRvE TO TIFF LEFT WHOSE LONG CHORD BEARS NORTH 54° P4' 53" UFST, A DIsIANCE OF 555.71 FEET; THENCE AROUND SAID CURVE, A DIsTANCF OF 556.00 FEET, THENCE NoRTH 51° 42' 55" FAST, A DI ,TANCE OF 578.73 FEET TO THE POINT OF CURVE or A CURVE TO THE RIGHT WHOSE LONG CHORD REARS SOUTH 54° 26' 04" EAST, A DISTANCE OF 602.43 FEET, THENCE AROUND SAID CURVE , A DISTANCE OF 602.75 FEET TO THE TRUE POINT or Mcitsmitio. CONTAINING 505 ACRE" CROSS MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, AND RF ,ERVATIONS OF RECORD. 4(1";;;,-,0 „ — Arb 4o 13738 Description Stleet lRAcl - 407S50 A PORTION Or THE NORTH EST QUARTER Or SicTtor 21, 1044SHIP 9 POPTH, RAIn jO LArl, W M., tpN1( u COUNTY, WASRUCTON, RIINC MORE PART IC Eft/ Ut Y DE`,C11711r0 A' 1 Cu 1 ()WS COMMCNCING /I THE NORTH"ErT CORNER OF S.10 SECTION 21, THENCE SOUTH 89° 29' jJ” LA ,1, ALONG THr NORTH LINE_ OF SAID SEcrioN 21, A Ol'IAJCI 0/ 250.99 I/ET, THENCE SOUTH 00° 50' 05" WEST, A DISTANCE OF 1947.98 FEET TO THE TRUE POINT OF BEGINNINC, THENCE CONTINUENC SOUTH 00° 50' 05" Ur ,-T, DIrTANCE Or 109.05 FEET, THENCE SOUTH 44° 59' 28" MST, A D/STANCE OF 300.00 }LET 10 (HE POINT OF CURVE_ or A CUJIVI TO "THE IIFT WHOSE LONG CHORD nrA,,r, NORTH 45' 311 U,e-r, A DIrfANCE OF 45 G4. FEET, THENCC AROUND SAID CURVE, A DItrANCE Of 115.611 tlIT, THENCE NOUCH 11S° 0;Y WTI' WI 'l, A OISTPNCE OF 200 00 FEET TO Till POINT OE COP4E 01 A (URVI TO THE LEFT WHJSF LONC 1 CHORD DEAR:, NORTH 48' 58' 05" k'EST, A DISTANCE OF /049.80 reET, Tn,ucr AROUND EAID CURVC, A DISTANCE' OF .1149.95 Fcrl, THENCE NORTH 3' 4G' 55" LAST, A DISTANCE OF 378.71 FEE' TO THE Po 1111 OF CURVE OF CURVt TO THE RICHT WHOSE LONG CHORD BEARS SouTn 48° 38' 05" Etol, A DI'TANCE OF 483.93 rrET, THENCE AROUND SAID CURVE, A DISTANCE OF 484.09 FEET, THENCE SOUTH 4G° 05' 0e,' LAST, A DISTANCE OF 176.11 rErT TO THE TRUE POINT OF BECINNINC CONTAINIEC 6-15 ACRES MORE 011 LES% SUB/ECT TO EnsEmFuTc, FirrTRICT/ONS All) RESERVATION', OF RECORD. t""'• " mer 5.'041 Arb No _ 13738 Description Sheet FNMA D 40'78.5 0 - A POPTION OF THE NORFHWE',T QUAREFH Or SrCTION 21, TOWNSHIP 9 NORTH, RANcr ...1,0 ft—r, w.m., YutN LIN COUNTY, WMHINCION, [SLING MORE PARTICUIARLY DESCRIBED AS rolloy- COMMENCING AT THE NORTHI.E'T CORNER OF SAID SECTION 21, THENCE SOUTH 89 0 29' 58" Et'T, ALOVC THE NORTH LINE OF SAID SECTION 21, A DISTtNCE OF 2508.99 FEET, THENCE SOUTH 00 0 50' 05" 'JE'T, A DISTANCE OF 2057.03 FEET, THENCE SOUTH 44° ;9' 28" WEST A DISTANCE OF 749.72 FEET TO THE NOI,THEASTERLY RIGUT—OF—WA1 LINE oF U.S. HIGHWAY No. 392, THENCE- NORTH 39 0 28' 18" VEST, ALONG SAID NORTHEtSTERLY RICHT—OF—WAY Li hr, A DI 4 TANCE OF 125.21 FEET 10 POINT OF CURVE OF A CUPVr TO THE LIFT WHOSE LONG CHORD DEARS NORTH 47 ° ./.)8' 00" Wrs7 A DISTANCE or 4 73.79 rEET, THENcr AROUND SAID CURVE, CONTINUING ALONG SAID NORTHFASTERE RICHT—OF—WAY LINE A DisIANcr OF 474.00 FLET TO THE rIEUE POINT OF BEE- INNING, THENCE CONTINUING ALONE- A CURVL WHOSE LONE- CHORD DEARS NORTH 56 ° 22' 34" WEST A DISTtNCE OF 916.12 FEET, THENCE AROUND SAID CU 0 VL t DISTANCE OF 917 67 FEET, THENCE NORTH 27 ° 51' ..;s3" CAT A DISTANCE OF 354.73 FEET TO THE SOUTHWESTERLY RIGH1-0E—VAY LINL OF COMMERCIAL AVENUE AND POINT OF CURVE OF A CURVE TO THE RIGHT WHOSE LONG CHOPD BEARS SOUTH 56 ° 21' 1,4" i.sT A DISTANCE OF 987.49 FEET, THENCE AROUND SAID (URVL A 01ST/MCC OF 989.16 FEET, THENCE SOUTH 39 0 21' 5;" WrsT A DISIArCL OF 354.50 FErT TO THE NORTHFASTEFEY RICHT—OF—WAN LEIF_ OF U.S. HIGHWAY NO. 395 AND ThUI POIN) Of BECINNINC, CONTAINGINC 7.73 ACRE CROSS MORE. OR ILSS. SUDJICT TO CIO EASEMENTS, RESTRICTIOI ,, AND RESERVtTtONS OF RECORD. CZ Ne--1 —, --z c-. In witr qr-4 401 850 5 55041 Arb No 13738 Decraption Sheet TRACT I 407850 A RonTioN o; THI NORIHWE'T QUARTER OF SECTIOV 21, To%NsNtR 9 NORTH, RANCE 30 EA ,-/, , rRANKI IN COUNTY, WAFHINCTON, BEENC MORE PARTICULARLY OE'CRIDLD A roltol..; COMMENCING AT TUE NORTNWE'T cot -turn OF SAID SecTtom 21; THENCE SOUTH 89 0 29' 38" EArT, ALONG THE NORTH LINE OF SAID SECTION 21, A DISTANCE Or 2305.9) FEET, THENCE SOUTH 00 0 30' 05" WEST, A DISTANCE OF 2057.03 FEET, THENCE SOUTH 44 0 59' 28" WEST A DISTANCE Of 380.00 FEET TO THE SOUTHWESTERLY nicNr-OE—wAY LINE OF COMMERCIAL AVENUE AND Till.. (RUE POINT Of BLGINNINC; THENCE CONTINUI“G SOUTH 44 ° 59' 28" Wr -T A DISTANCE OF 369.7? FEET, TO THF NORTHEASTERLY RICHT—OF—WAY LINE OF U.S. HIGHWAY No. 595, TNrNcr NORTH 39' 28' 18 " WEST, ALONG SAID NORTHEASTERLY RIGHT-01—WAY LINE, A DISTANCE OF 125.21 FEET TO INC POINT OF CURVE Of A CURVE TO THE LEFT WHOE LONE CHORD REAR' NORTH 470 38' 00" WEST A DISTANCE OF 1;75.79 EEET, THENCE )•RouNn SAIL CURVE, CONTINUItC ALONC SAIO NORTHFA'TERLY RICHT—OF—WAY LINE, A DISTANCE OF 474.00 FEET, THENCE NORTH 39° 24' 33" EAST ) A DISTANCE or 354.50 FEET TO THE SOUTHWESTERLY RIGHT--0E—WAY LINE OF COMVERCIAL AVENUE AND POINT OF CJRVE OF A CURVE TO THE RIGHT WHOSE LONE CHORD DEARS SOUTH 43 ° 19' 16" EAST A DISTANCE OF 388.90 rtLT, THENCE 'ROUND SAID CURVE, CONTINUING ALONG SAID SOUTHS.E'TERLY RICHT—Or—WAY LINE ) A DISTANCE OF 389.00 FEET, THENCE SOUTH 46° 03' 06" EAST A DISTANCE or 200.00 FEET TO POINT Of CURVE OF A CURVE TO THE RICHT y;to -c IONE CHORD VFARS COUTH 45 ° 31' 47" EAST A DISTANCE 0, 44.18 FLIT, THCAILF AROUND SAID CURVE A DISTANCE OF 44.18 FEET TO THE TRUE POINT or BEGINNING. C-. kr) "Ite w•-••1 40'7850 CONTAINING 5 03 'ACRE GROFS MORE OR LESS. SUBJECT TO EASEMENTS, Rt,..TRIcrioNs /ND RESERVATIONS OF RECORD. Owner (s EXHIBIT 2-B Pasco Ord loa,,7,29. 407850 coNcuarAnt /011INC AGREEOLNI 1TERF1tS, the City ot Pasco, "s1-'ington, a non-charter code city, under the law ,, of the State of Yi -hingten (Chapter 351.63 R C W and Article 11, Section 11 of the 'ashington 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 propert ithin its jurisdiction, and WHEREAS, the Ownei( ) of ccrtain propcity has applied for a rezone of such property dciihed bolo ,' within the City's jurisdiction, and WHFPEAS, thc city pursLant to P C Y 43 12(c), the State Environmental Policy Act, -hold( mitigate an adverse iii)acts which might result because ot the plepo ,,e0 rezone, a ,, WHEREAS, the City of Pasco and tne 0[,nei(s) are both interested in comoliance ,,ith the Pasco Municipal Code provisions relating to the Lse and developme-t of plopert ,, situated 11 tile City of Pasco, described as follows LOT 9 and 10, BLOCK 5, COLUMBIA EAST III, PASCO, WASHINGTON WHLREAS, the Owner (s have indicated willingness to cooperate with the City of Pasco, its Planning Commision and Planning Department to insure compliance with the Pce(o /oning Code, and all other local, state and federal law< 1( lating to the 113( and development of the above described property, and UdEPEAS, the Lily, in addition to civil and climinal " sanctions availablc by law, (Icsircs to enioice the rights and interests of the public by thi5 concomitant agieement, NO1 ,, THIRFFORE, In the event the above Oesciibed propeity is rezoned by the City of Pasco to I-1 Light indubLry) and in consideration of that event should it occur, and subject to the torm‘. aid conditions hereinafter stated, the aoolicant does hereby coN,enant and agree as follots 1 The Ownerks) promise to comply uith all of the terms of this agreement in the event the City, a5 full consideiation herein, grants a rezone of the above desctibed piopeit n 2 This agreement 'than be binding o1 the heirs, assigns, grantees or successors 1 ,1 inteie.-t of the OLverks of the property here.._n described 3 Ihe Owner (S ac-nowlodge i -1,0%, 110 \ e t 1._ Id and agree to bc <,un -ject to the t(rne and iondition oh the piotective covenants by refere ice includc(I h(rotg a recorded in Ftanklit Notntv, Volume 142, - Page 58, under Aaditor l - Pile No 405605 The per,on(,) who ,e name‘. ale subbciihod herein do hereby certify that they ale the -olo holdei_ ol fee sumac Interest in the above described )rot)erty i 407850 i 1 i STATE or WASHINGfON) ) ) SS County 407850 /On this day ncrsonally appeared befote me Arot/6 494,gi.7/ 4 /// 4/6"- to me khowd to be the individual(s) who executed the within and toregoing instrument on the lines above then typed names and acknowledged that they signed the same as their free and voluntaty act and deed for the uses and purposes therein mentioned Given undo' my hand oflicial eal this.0 ,34-116y of , 1980 n 4, F4 ,3 , 4c) 1- s3\- cApl .A.RI too • Washington, residing at c.e44 Notary Public , and foRI natl.:4f Pu0-\%;'0 * * * * * * * * * * (t) 'p 0 Sh ruusve agent of the corporation whore name is subscribed hereI,‹M o hereby ccrt ify that the corpotntion is the sole holder of fee simple interest in the above de-crioed property 0 ,,nor(s) STATE OF WASHINGTON) SS County of On this day personally appeared befoic me to mc known to be the of the corporation that executed the within and foregoing instrument, and acknowledged that sai0 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 in ,.trument Gil.en under ny hand aid eflicill seal this day of , 1930 liotar Public in and for the State of Washington, residing at 407 85 0 t c i - - t I EXIIIBIT 2-C IJasco Ord ,...= 4()); 8:—.0 — , , 407S50 CONCOhIT,,cP /OLITNO AGREE-MEM WHEREAS, the City of Pa-co, tashington, a non-charter code city, under the laws of the State of tnshilgton k Chanter 35A 63 R C W 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 it'- citizcns, and thereln conttol the use and development of property within its 3urisdictior, and WHEREAS, the Owner(s) of certain property has applied for a rezone of such property described beloc within the City's jurisdiction, and WHEREAS, the City putsuant to R C W 43 12(c), the State Environmental Policy Act, should mitigate any adverse impacts which might result because of the proposed re7one, anu WHET'EAS, the City of Pasco and the Owner(s) are both interested in compliance ,rith the Pasco Municipal tode provisions telating to the use and development of property situated in tne City of Pasco, described as follows LOT 26, BLOCK 5, COLUMBIA EASr III, PASCO, WASHINGTON WHLPLAS, tit( Ownct ' ) iiiiv( tudicited willingness to cooperate with the City of Paico, its Pluming lommio ,tol and Planning Department to insure compliance wJth the Pa' co Ian ma Code, and all othet local, state and fedcral law ,, icIating to lh u-c a d dcvelopment of the above described property, and WHEREAS, the City, in addition to c-Ail and criminal ' sanctions available by law, desires to enforce tne rights and Interests of the public by this concomitant agreement, LOW, THEREFORE, In thP event the above described property is rezoned by tne City of Pasco to I-1 Light industry) and in consideration of that . event should it occur, and subject to the terms and conditions hereinafter stated, time applicant does hereby covenant and agree as follovs 1 The Owncrk-) promise to comply with all of tne terms of this agreement in the event the Cit., a ,- full consideration herein, grants a rezone of thc above described pio)ettl, 2 Ihis agreement shall De binling oct the neirs, assigns, grantees or successor'- ic intetest of the Ownerp -) of the property herein descriit ,t 3 Trio Owner'-, acknowledge the' blic rota and agree to be ubject to thr term 11.(1 condition of the protective covenants by refetence includra heroin a recoided in Ttanklin Cc -linty, Volume 142, - Page 58, under Auditor's rile No 40560"i The persos(s) who' c" name ,- ace suosertbed here is do hereby certify that they arc the sole holder - of fee iiuplo interest in the above described property 407S,50 STATE OF WASHINGTON) t/ ) ss County of /:)•,,,;1 ) L'-/ j / 0 I On ,this day personally appeared before me ", pe„..,___D ,c_7/, -7,4s / .--- / 72,0 ,/ ../... n./ / , ). t ,--,/ `...-.4, ,,,4 s s--- same as their free and voluntary act and deed for the uses _ therein mentioned. individual(s) whd e .cuted the within and foregoing instrument on the lines above their typed name' and acknowledged that they signed_the'\ ----- to me_k_n_ownfo.:.::::, p r, . ..-si7 -7- Given undel my hand and official seal this 1-> - d.Ab telei F)) , 1930 ,J178/2 ... ,..-, et7 Z'''' •A)0 4....4, V.., ..- --- , '''''r / 1 _ ''''-' --"(/ , en - - ,c..c. I\ -4;7;'1:-.,4,2„-- 41101" (1.. q. TIl a. Notail. Public in at 1 for tho.Stat, .31A,„t7 Washington, residing at CS-4,- /:-..., * * * * * * * * * * * * 0 -tali i VeN N!,7 The agent of the corporation whose name is subscribed herein does hereby certify inat the cotpozation is the sole holder of lee simple tni(nw0 111 lite above dekcilbed pioperty. STATE OF WASHINGTON) ) sn County of On this day personally appealed befoic me to me known to be the of the corpolation that executed the within and foregoing inntrument, and acInowledged 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 ereLute said instrument Given under *-11 han0 and official seal this day of , 191,0 votarl. Public ir and for the State of Washington, residing at ••n 407850 coNcomirm,r 1001tIO AGItrENTM tIHEREAS, the City of Pao, Washint,toh, a non-charter code city, urder the laws of the State of l'oshington (Chapter 35A 63 R C W and Article 11, Section 11 of the 'ashin g ton State Constitution) has authority to enact laws and enter into agreements to promote the health, safety and welfare Of 1LE citizens, and thereby control the use and development of plopelt, ‘.ithin its julibdiction, and IIHEREAS, the Owner(s) of certain proneity has applied for a rezone of such pcoperty described below within the City's jurisdiction, and WHEREAS, the City putsuant to C 43 12(c), the State Environmental Policy Act, should mitic,ate an adverse impacts which mi g ht result because of Lhe ploposed re7o5e, aru WHFREAS, the Cit y of Pa-co dna the Owner (s) are both interested in compliance with the Pi co ftlunicipal (oa( provIsions relating to the use and dciclo i tment of ptopert ,, tiLuatca in th( City of Pasco, described as follows LOT 5 and 6, BLOCK 5, COLUMBIA EAST III, PASCO, WASHINGTON WHERE7 ,S, the Owner(s) have indicated willingness to cooperate with the City of Pasco, its Planning Commission and Planning Department to insure compliance with the Paco 7oninq Code, and all other local, state and federal laws relating to the use and development of the above described property, and WHCREAS, the City, in addition to civil and criminal sanctions available by law, deF,ale Co eniorce the rights and interests of the public by this coneonilanl o g ieenont t"Olt, THERrrORI, In the event the above eescribed property is re7oned by the City of Pasco to I-1 Light_ industry) and in conc.idetation of that event should it occur, and ylliJect to the toms and conditiors hereinafter stated, the applicant does heleb y coveaant and agree as follows 1. The Ownerts) promise to connly with all of the terms of this a g reement in the event the City, as foil consideration-herein, grants a rezone of the above 0e7cribed propelt:, 2. This agreement rhal1 be binding on the heirs, assigns, g rantees Cr successors in interest of the Owner(s ) of the property herein described 3 The Owner (s) acknowled g e trey have lead and act iee to ie sub j ect to the term Ind LonalLion- of the protective co%enant% by reference include" her( In e, reLoided in ft ink in County, Volune 142, - Pa g e 58, under Auditor's rile No 105605 The person(n) those names arm' uucrihed herein do hereby certify that they arc HI( (A( holdct nt t« tnple Interest in the above describe(' proti(Ili ownc r , c._ EXHIBIT 2-1) kr3 Pasco Ord Ho 407850 ^ 4078 ,5 0 STATE OF WASHITGTOM) ) s; County of On this day personally appeared before me 3)4,47, /.. Al./Adz/e a AWO 6'eory ,e- ..:7 -11-c.m4,J to me known to be the -/ indiVidua.),(s) who executed the within and loregoing instrument on the 11,ne VikAO,,thear typed names and acknowledged that they signed the same:as i Wit free and voluntary act and deed for the uses and purposes the/4.V Nentiched 1p$4,1k.., . sLtc - ifiven under my hart aw. .1nd t)1 r ILI 11. re Ii. this 4„gdea.f day of * . ... 1980 Uotary Public in and for the, State of Washington, residing at r-fring.,etem-tt-i.) • * * * * * * * * * * * * 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 aboN.e described ploperty. Owner (s) By STATE OF VASHINGTON) ) County of On this day personally appeared before me to me Knoun to be the of thc corporation that executed the within and foregoing instiument, and acknowledged that said Instrument to be the free and voluntary act and deed of said corpotation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument GIJer under my hand and official seal this day of , 1980 Notar Public in and fox. the State of 'Jashington, residing at 40114 5 0 \ COJCO'ITTANr ZOvIPG ACREENENT WHER,7AS, the City of Pasco, Washinnton, a non -charter code city, under the lows ml thc State of Va ,hinytOn (Chapter 35A 63 R C W 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 jurisdiction, and WHEREAS, the Owner(s) of certain property has applied for a rezone of such property described bclow vithin tile Lity's jurisdiction, and INHEREAS, the City pursuant to R C V 43 12(c), the State Fnvironmental Policy Act, should mitigate any adverse impacts which might result because of the proposed rezone, and WHEREAS, tilt City of Pasco and tne Owner(s) are both interested in compliance with the Pasco Municipal Code provisions relating to the use and development of pioperty ituated in the City of Pasco, described as follows See attached Exhibit 1 WHEREAS, the 0 ,inerts) have 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 law' relating to the use and development of the above described property, and - WHEREAS, the City, in additioh to civil and criminal sanctions available by law, desires to enforce the rights and interests of the public by this conceritent agieement, NOV, THEREFORE, 0 In the event the above described property is rezoned by the City of Pasco to I-1 Light industry 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 follo%s 1 The Owner(s) promise to comply 1,,ith all of the terms of this agreement in the event the City, as full consideration herein, grants a rezone of the above described property 2 fhis agreement shall be binding on the heirs, assigns, grantees or successors in interest of the Owner(s) of the property herein described 3 The Owner (s acknowledge tl ,ev have read and agree to be subject. t' the teinv and co ,iditions of the protective coNenants by reference included herein as mecorded in i.anklin County, Volume 142,.. Page 58, under Auditor's File N.o 405605 The person(,) whose names are subsciibed herein do hereby certify that they are the cola holder , of fee simple interest in the above described property Owner(-) MID -COLUMBIA COMMERCIAL INVESTORS, Roger F Gray, Ge ral Partner EXHIBIT 2-E Pasco Ord i t 407850 i 40'7850 STATE OF WASHING1ON) ) ss. County of On this day personally appeared before me Roger F Gray to me known to be the individual(s) who executed the within and toiegoing 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 therein mentioned -tr, Pir 1/7 *1 . 0 tint rh:". - , , . 1 -6,ii i'..- - 0 1, p 1 13 = Notary Pu ic in and for the State of -k— 'to --.2 ---)il.t.t ss:(kEtItitt 0, ..... „4 Given under my hand and official seal this 16th day of * * * Washington, residing at Kennewick , 1930 * * Ctardssion*expirts 12-1-82 , `...-..t:.The agent of the corporation whose name is subscribed , Ar n ,' hex.cabo xtbes hereby certify that the corporation is the sole holder of tee,simple interest in the above described property •1 / Owner (s) By STATE OF WASHINGTON) ) ss County of On this day personally appeared before me to me known to be the 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 seal this day of , 1980. Notary Public 11 and for the State of Washington, residing at 1 407850 _ Arb No 13474 DES:R1PTION SHEET ger01.01.,10.1 4070 F4t \ID‘: I IN THE COUNTY OF FRANKLIN STAlE OF WASHINGTON Lots 1 to 18, inclusive, Block 1 Lots 1 to 21, inclu ,ive, Block 2, Lots -1 to 13, inclusive, Block 3, Lots 1 to 11, inclusive, Block 4, Lots 11 to 25, inclu-ive, Block 5, all in Columbia Fast III, according to plat thrreof recorded in volume "D" of plats, pages 102 and 103 407850 ifid lo I ( \--.4:1/4...nn 111 e 4-- V S ct 4 (37830 co,cor I PAN r ?WING AGREEtTi T Y11-P , the CI L/ of Pa co, 'a,hihcj tor, a non-charter code city, urdcr the lads of the ',Late of h -v.nington (Chapter 35A 63 R C W and Article 11, Section 11 of the "euhington 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 luiisdiction and WHFPFAS, the Ownei (-) of certain property has applied for a rezone of such propeity describcd below within the City's jurisdiction, and tLEREAS, the City puisuant tc 8 C W. 43 12(c), the State Environmental Policy Act, shoulo mitigate any adverse impacts which might result because of the pioposed rezone, and tHEPEAS, the City of Pa-co and tne Oc,ner(s) are both interested in compliancc witn the Pasco mnILIpal cock, provisions relating to the use and development of pio12.7; lilp uitcd in tht City of Pasco, described / as follow, s S7 , Co (u tAtttci , CCat,s+ / I/ 5 An ccov-ck n ws A.3 re_ecv ,cAs e-c COUAJI,LkipSk ttHIREAS, the Ovhcr , ) have indicated willingness to cooperate witt- the City of Pasco, its Planruiiu, Commi ,-,ion and Planning Department to irn,ure corpliance with the Pace° eonim, code, and all other local, state and federal la';‘, rclat.ily to the use and ,1 evelopment of the above described uro ,ertv, an 1 1HEPEAS, the Cit, in addition to civil and ctiminal sanctions available by low, dostles to enforce the rights ard interests of the punlic ')17 this corcomitant agreement, NO., THF.REFORF, Ir the event the above desctibed propertc is rezoned by the City of Pasco to I-1 Light industry; and in consideration of tt-at eent should it occtr, and (,tibject to tre terms and conditions hereinafter stated, the anplicant doe ,' herelly covenant and agree as folio s 1 The Ownerts) plomise to cerply c,ith all of the terTs of this agreement in the evcrit the City, as full consideiation-hereir, grants a rezone of the above 0( Arched proneity 2 Thin agreement he binding or the heirs, assigns, grantees or successors it interect of the Otver(s) of the property herein described 3 The Owner(,-) acknowledge thcc Ilce re id and acree to hc subject to the term and .onOilion of 'he phot(ctice cocenants by reference includ((' h(rei 1 d te(oldid in i n count , Volume 142, Page 58, under Auditor' File No 405603 The persorts) gho e names are subscribed herein do hereby certify that the/ are thr -ole holdei of Etc simple interest in the above descrined properly EXHIBIC 2-F Pasco Ord :io • 407850 4078 50 STAIE OF WASHINMON) ) s Count/ of On this day personally appeare0 befoie me to me known to be the individual(s) who executed thi_ within and foregoing instrurent on the lines above their typed name and acknooledged that they signed the same as their free and voluntaly act and deed for the uses and purposes therein mentioned Given under my ham' and official -,a1 this day of , 19d0 dotafy Public in and for the State of Yashington, residing at * * * * k * * * * * * * The agent of thc cerpoiati(i whe ,e name is subscribed herein does hercoiy certify that Liu corporation lc lhe sole holder of fee simple int(rest in thc above de ,,clibed property 0 ,;ner (s) Tippett Land & Hart age Company By STATE OF WASHINMON) ) ss County of BetAkOK ) On this day personally appeared beforc me Robert t. Tippett to me knovn to be the Vice President of the coiporation that executed the within and foregoing instrument, and ackno ,/ledged that said instrument to be the free and voluntary act and deed of said coiporation for the uses and purposes therein mentioned, and on oath stated that he was authorizedto execute said Instrument Given under my hand and official seal tnis 16th day of January , 1981 / /".-7-t::::" 'otar). Public in and for th t.a achingto ,, reriding at Pasco :./,'n I' tu 4 ' 7_14 ' r" I Cr) - 0 P "t a - A . 4°3-,, 4.0)cstio' : x_ -,..!' .r. 10- • ,,, ::,I mi" ° C:D J 4 ‘z) •cC c- kft %CM 4(n850 I 1 * • FINANCE DEPARTMENT (509) 515-3401 Scan 726-3401 , P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 January 20, 1981 Tri City Herald P 0 Box 2608 Pasco, Washington 99302 Gentlemen Please publish the attached Ordi nances on the following date January 23, 1981 Please send two (2) Affidavits of Publication for each Si ncerely yours, Evelyn Wells City Clerk ew i ,