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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)
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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:
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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
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co
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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
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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:
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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
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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