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HomeMy WebLinkAbout2251 Ordinance - Recorded408862 ROO gnu-At 0 ',:alif-5 -7 OF g AF-s- e , 2 48Politlit' OLT *JP 1.06 14 10 PY 1 OA§ 19 ,6 ;c ,22-93 (4.) 408862 ORDINANCE NO. 2251 AN ORDINANCE relating to zoning and changing the zone classification of certain real property within the City of Pasco from I-1 (light industry) to 1-2 (heavy industry) 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: A tract of land composed of three parcels, being Parcels C-4, C-5 and C-6, all situated in the east half of Section 34, Township 9 North, Range 30 East, W.M., Franklin County, Washington described as follows: Parcel C-4: Beginning at the East quarter corner of Section 34; Thence S00°06 1 25"E along the East line thereof a distance of 1100.93 feet; Thence N19°25'40"W a distance of 949.72 feet to the True Point of Beginning; Thence continuing N19°25'40"W a distance of 1220.35 feet; Thence N70°34'20"E a distance of 310.70 feet; Thence S09°29'05"E a distance of 678.55 feet to a point on a curve having a central angle of 87°30'17" a distance of 50.00 feet; Thence Southerly along the arc of said curve a distance of 76.36 feet; Thence S00°06 1 25"E parallel with the East line of said Section 34 a distance of 515.78 feet to the True Point of Beginning. Parcel C-5: The True Point of Beginning being the East quarter corner of said Section 34; Thence S00°06 1 25"E along the East line thereof a distance of 1100.93 feet; Thence N19°25'40"W a distance of 949.72 feet; Thence N00°06'25"W parallel with the East line of said Section 34 a distance of 515.78 feet to a point on a curve having a central angle of 107°10'38" and a radius point lying N46°08 1 27"E a distance of 50.00 feet; Thence Easterly along the arc of said curve a distance of 93.53 feet; Thence S61°02'11"E a distance of 268.19 feet to a point on the East line of Section 34; Thence S00°06 1 25"E along said East line a distance of 191.06 feet to the East quarter C44 kr) corner of Section 34 and True Point of Beginning. 0_ (MOORE REZONE I-1 to 1-2 - 81-04-Z) cz:ri cr°1 4i )8862 A •EST: yn 0. Wells, City Clerk 40 )8862 Parcel C-6: Beginning at the East quarter corner of Section 34: Thence N00°06'25"W along the East line thereof a distance of 191.06 feet to the true point of beginning; Thence N61°02'11"W a distance of 268.19 feet to a point on a curve having a central angle of 91 0 34'42" and a radius point lying N61°02'11"W a distance of 50.00 feet; Thence northerly along the arc of said curve a distance of 79.92 feet; Thence N09°29'05"E a distance of 591.02 feet; Thence N80°30'55"E a distance of 356.08 feet to a point on said East line of Section 34; Thence S00°06 1 25"E along said East line a distance of 840.10 feet to the True Point of Beginning. as depicted in the map attached hereto and identified as Exhibit 1, be and the same is hereby changed from I-1 (light industry) to 1-2 (heavy industry), as conditioned by concomitant zoning agreement, which is attached hereto and identified as Exhibit 2. Section 2. That any and all zoning maps be and are hereby amended to conform to the aforesaid zone change. Section 3. This Ordinance shall be in full force and effect after its passage and publication as required by law. PASSED by t City Cou cil of the City of Pasco this °,7 , /6 day of ;i, , 1981. APPROVED AS TO FORM: 2 408;362 42-eg ,,kl nPce'c a .5,e? 43-3 \ \ \ Tr.79 4o 41 /c56.0 4 C6 A/ 44 .944, 5.39 7/ /7 E. .c.(e9.1'.., -V 9 ye -•-• /5/2 /0 - \ Euriti3iT ".1.4 OrdwoN.ce 408862 \ A•/.>// "loe./14* l'EVese . \ 408862 k,, i (\ \ \ 6.9 0 1 \ N -STA' Ole 7- e .5-.95 4‘ 5 c'0 9 5 E .-.- \ \ \ ,S41 N -1-5- 1 \ \ \ --\ \ ql \ \ cs-s, \ \ \ \ 0 \,G, , ,=.ide..e .".- V •^-./9.0, .5-c, T N CtYcle. Dritit•----7) 1- \ , I 408862 cONC0,11FANT 4,01,1G AGREEMENT WHFREAS, 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 liashington State Constitution) has authoiity to enact laws and enter into agreements to promote the health, safety and welfare of its citizens, and thereby control the use and development of pioperty within its jursidiction, and WHEREAS, the Ownet(s) of certain property has applied for a rezone of such property described below within the City's jurisdiction; and WHFREAS, the City pursuant to R C V 43 12(c), the State linviionmental Policy Act, should mitigate any adverse impacts which might result. because of the proposed rezone, and WHEREAS, the Cit.), of Pasco and the Owner (s) are both interested in compliance with the Pasco Municipal Code provisions relating to the use and development of ptoporty situated in the City of Pasco, described ac, folloys SEE, Exhibit #1, attached V.HLP1AS, the Ownei(s) ha indicated willingness to cooperate with the City of Pasco, it Planning Commission and Planning Department to insure compliance with the Pasco Zoning Code, and all other local, state and teceial laus ielating to the use and development of the above desciibed lIopert}, and WHERIA'), the City, in addition to civil and criminal sanctions available bY law, desires to enioice the rights and interests of the public by this concomitant agreement, NOW, 1HEREFORL, In Lh?, event the above-described ploperLy is rezoned by the Cit. of Pa LC) to 1 -2 (Heavy Industry) and in consideration of thIL evcnt. should It occur, and subject to the terms and conditions hereinaftel stated, the applicant does heieby covenant and agree as follows 1 he Ownel ((,) piomise to comply with all of the terms of this agleenent in the e\ent the city, as full consideration herein, grants C\P a rezone ut Lhe oho‘c-dr ,,(1Lbed properL LD •ct co 408862 R-4 cC eati te \ L_— 004,111-1 e• ^ e.104 k s' 44 CwAtimomad k! s' T. ,7 , 4 A 408862 • 2 Ihe 0%, ner agrees to perform the terms set forth in Section 4 of this ay re eme n t -(-(1-a7 s -) - - (-marrti-ts -) - f t.-14e - -a e - -(-b+ -pr- r- or -cup - o-f- -any t-eci- e- -fri3ev e de -p t -y-r - c -)- ror - trr -th -175 STMITC e o-c ---l-±j- et-nrr - {-o-r -th-rs -Ct7Trs truc -t /7xrr on -till. Trop-o-rty-,--Cd/- a - -L-rme - Tre.r lud-)- 3 This agreement shall be binding on the hei rs , assigns, grantees or successors in interest of the Owner(s) of the property herein described 4 Conditions A The owner shall equitably participate in the future provision of sufficient water to meet industrial development standards B The owner shall dedicate to the City of Pasco standard 60-foot right- - of-way through Tract C-4, said right-of-way being the easterly extension of a line bearing S 89° 40' 35"E from a point on the west line of northeast quarter of Section 34-9-30 approximately 2048 feet south of the north line of said Section 34, prior to procurement of a building permit on any portion of the property legally described above 408862 _ — 4 N 1.••—• IS•". a • Owners The t )erson(s) whoe names ale subsc/ibed herein do herebl. (,ertif}, that they are the sole holders of fee simple interest in the above desciibed property STATE OF WASHINGTON) County of Fianklin ) On this duaspersonally appeared before me L2,0„6,3 to me known to be the individual (s) \ho e\ecuted the within and foregoing instrument on the lines abcne their tped names and acknowledged that the% signed the same as their free and voluntaiy act and deed for the uses and purposes theiein mentioned Given under my hand and official seal this 5 day of , • S S 19 I Potary lublic in and for the rtate of Washing on, residing at ie- * * * * * * * * The agent of the corpoiation whose name is subscribed herein does hereh_ ceitif; that the corporation is the sole holder of fee simple interest in the above described property ON By SIA'11] OF V1.S1liIGTO(1) SS County of Franklin ) On this dal, personally appeared before me to me lalmin to be the ot Ln- colt/oration that e ecuted the within and foregoing instrument, and acknov.ledged that said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes theiein mentioned, and on oath stated that he 'as authorized to e\ecute said instrument. Given undei my hand and official seal this day of 197 Notary Public in and for the State of Washington, residing at C4..? 408862 74: 2 e. 1. 4, 1 t 4( )8862 EXHIBII #1 Concomitant Zoning Agreement City of Pasco Ordinance No LEGAL DESCRIPTION A tract of land composed of three parcels, being Parcels C-4, C-5 and C-6, all situated in the east half of Section 34, Township 9 North, Range 30 Cast, W M , Franklin County, Washington, described as follows Parcel C-4 Beginning at the East quarter corner of Section 34, Thence SOO°06 1 25"E along the East line thereof a distance of 1100 93 feet, Thence N19°25'40"W a distance of 9d9 72 feet to the True Point of Beginning, Thence continuing N19°25 1 40" W a distance of 1220 35 feet, Thence N70°3420"E a distance of-310 70 feet, Thence S09°29'05"E a distance of 678 55 feet to a point on a curve having a central angle of 87 0 3017" a distance of 50 00 feet, Thence Southerly along the arc of said curve a distance of 76 36 feet, Thence SO0°06 1 25"E parallel with the East line of said Section 34 a distance of 515 78 feet to the True Point of Beginning Parcel C-5 The True Point of Beginning being the East quarter corner of said Section 34, Thence SOO°06 1 25"E along the East line thereof a distance of 1100 93 feet, Thence N19°25 1 40"U a distance of 949 72 feet, Thence M0O°06 1 25"W parallel with the East line of said Section 34 a distance of 515 78 feet to a point on a curve having a central angle of 107°10'38" and a radius point lying N46°08'27"E a distance of 50 00 feet, Thence Easterly along the arc of said curve a distance of 93 53 feet, Thence S61°02'11"E a distance of 268 19 feet to a point on the East line of Section 34, Thence S00°06 1 25"E along said East line a distance of 191 06 feet to the East quarter corner of Section 34 and True Point of Beginning Parcel C-6 Beginning at the East quarter corner of Section 34, Thence N00°06' 25"W along the East line thereof a distance of 191 06 feet to the true point of beginning, Thence N61°02'11"W a distance of 268 19 feet to a point on a curve having a central angle of 91 0 34 1 42" and a radius point lying N61°02 1 11"W a distance of 50 00 feet, Thence northerly along the arc of said curve a distance of 79 92 feet, Thence N09°29 1 05"E a distance of 591 02 feet, Thence N80°30'55"e a distance of 356 08 feet to a point on said East line of Section 34, Thence 500°06'25"E along said East line a distance of 840 10 feet to the True Point of Beginning 41088113 2 N 4 u „.• e Y^7., e _ , AFFIDAVIT OF PUBLICATION COUNTY OF Franklin , being first duly sworn on oath deposes and says she is the Principal 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. # 2251 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 on the 20th day of March Wifilcalti,,W0ftleXs, commencing ,19 8 1, 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 $ 75.00 has been paid in full, also at the rate of 12?-3- in.@ 6.00 = 75.00 C7-4,z4. Subscribed and sworn to before me this 24th March day of ,19 81 Notary Public in and for the State of Washington, residing at Pasco STATE OF WASHINGTON )ss Phyllis Graves Ordliwnce No 2251 An ordinance relating to , zoning and changing - the zone cicssification of certain real property within the , City of Pasco from I 1 ' (light industry) to I 2 (heavy industry) 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 , A cf of land composed of r e parcels, being Par- cels C 5 and C-6, all , situaA in the east half of I Section 34, Township 9 Nor ", Range 30 East, W M , Franklin County, Washington described as follows Parcel C-4 Beginning at the East quarter corner of Section 34, Thence , S00°06 25 'E along the East I , line thereof a distance of ! 1100 93 feet, Thence ' N19°25 40 'W a distance of I 949 72 feet to the True i point of Beginning, Thence continuing N19°25 40 'W a , distance of 1220 35 feet, Thence N70°34 20' E a dis tance of 310 70 feet, Thence ' S09°29 05' E a distance of 678 55 feet to a point on a curve having a , central ' angle of 87°3017" a Ws- ( tance of 50 00 feet, Thence Southerly along the arc of said curve a distance of 76 36 feet, Thence , S00°06'25 'E parallel with the East line of said Sec tion 34 a distance of 515 78 , feet to the True Point of ' Beginning Parcel C 5 The True Point of Beginning being , the East quarter corner of i said Section 34, Thence S00°06'25E along the East line thereof a distance of 1•00 93 feet, Thence N19°25'40"W a distance of 949 72 feet, Thence NOO906'25"W parallel with The East line of said Sec Ron 34 a distance of 515 78 ' feet to a point on a curve having a central angle of 107°10'38" and a radius Point lying N46°08'27"E a distance of 50 00 feet, Thence Easterly along the arc of said curve a dis- tance of 93 53 feet, Thence S61°02'11"E a distance of 268 19 feet to a point on the East line of Section 34, Thence S00°06 25"E along said East line a distance of 191 06 feet to the East quarter corner of Section 34 and True Point of Beginninv Parcel C-6 Beginning at the East quarter corner of Section 34 , Thence NOO°06'25"W along the East line thereof a distance of 191 06 feet to the true point of beginning, Thence N61°0211"W a distance of 268 19 feet to a point on a curve having a central angle of 91°34'42" and a radius point lying N61°02'11"W a distance of 50 00 feet, Thence northerly along the arc of said curve a distance of 79 92 feet, Thence N09°29'05"E a dis tance of 591 02 feet, Thence N80°30'55"E a distance of 356 08 feet to a point on said East line of Section 34, Thence S00°06 25 'E along said East line a dis- tance of 840 10 feet to the True Point of Beginning as depicted in the map attached hereto and identi fled as Exhibit 1, be and the same is hereby changed from I 1 (light industry) to I 2 (heavy industry), as conditioned by concomitant zoning agreement, which Is attached hereto and identi- fied 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 otter Its passage and publication as required by law Passed bY the City Coun- cil of the City of Pasco this 16 day of March, 1981 -s- E A Snider, Mayor Attest -s- Evelyn 0 Wells, City Clerk Approved as to Form -s- Dennis J De Felice City Attorney Legal No 10268 — Mar 20, 1981