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HomeMy WebLinkAbout2352 Ordinance - Recorded14 t (4 411 , 10 • _ .n .6%.A.Pp„R City Attorney nider Mayor RECORDED1NVOL 158 OF OFF101kLRECOINUS 4r City orillIV F RFR t 11 30 0‘ 51' tlEv n; ,UOITOR FR TY 417 ,178 ORDINANCE NO2352 AN ORDINANCE relating to zoning and changing the zone classification of certain real property within the City of Pasco from R-T Residential Transition to I-1 Light Industrial, 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 That portion of the southeast quarter of the northeast quarter of Section 28, Township 9 North, Range 30 E W M , described as follows Commencing at the southwest corner of said southeast quarter of the northeast quarter of said Section 28, and proceeding, thence along the westerly boundary line of said subdivision a distance of 415 feet, to a point which is the true point of beginning of this description, thence proceeding northerly along said westerly boundary line of said subdivision a distance of 328 feet to a point, thence easterly and at right angles a distance of 270 feet, thence southerly and at right angles to the northwesterly line of the Kahlotus Highway right-of-way, thence along said road right-of-way line southwesterly to a point that is due East of the point of beginning, thence on a straight line to the point of beginning as depicted in the map attached hereto and identified as Exhibit "1 11 , be and the same is hereby changed from R-T Residential Transition to I-1 Light Industrial, as conditioned by concomitant zoning agreement which is attached hereto and is identified as Exhibit "2" Section 2 That any and all zoning maps be and are hereby amended to conform to the aforesaid zone change Section 3 This ordinance shall be in full force and effect after its passage and publication as required by law PASSED by the City Council of the City of Pasco this 5 day of April , 1982 42:7-178 City of Pasco Box 293 Pasco Wg r 4117478 , ..1:131• 0I•PRO ONES) naline114 4.1..= —as (vAcAiret.) r- - clo.' ie , III .4622,61111.411C21041.4.2.2.110:,0 jiSWW&3.717CW eaorapsImpopaomommaammarsem..ryo ,...Wiemmaympp, 7 EXHIBIT 1 - ORDINANCE 41'71 15 - ' o n \ ' - I 3 ' 1 tli S ' 1 I =Z. 417478 LON(..0M1fANP 60NlJG AGREEMLNT 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 authoiity to enact laws and enter into agreements to promote the health, safety and welfare of its citizens, and thereby control the use and development of property within its Dursidiction, and WHEREAS, the Ownei(s) of certain property has applied for a rezone of such property described below within the City's jurisdiction, and WHEREAS, the City pursuant to R C V 43 12(c), the State 1 nvlionmental 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) ale both interested In compliance with the Pasco Municipal CoOe provisions relating to the use and development of piopeity situated in the City of Pasco, desciibed as follows (See page 2, #5, Legal Description) MILPIAS, the Owner (s) ha indicated willingness to cooperate with the City of Pasco, its Planning Commission and Planning Department to insuie compliance with the Pasco Zoning Code, and all other local, state and Lcueral laws lelating to the use and development of the above desciibod iioperl}, and WHEktWD, the City, in addition to civil and criminal sanctions available b , law, dosiles to enforce the rights and interests of the public by this concomitant agreement, NOW, 1HEREEORE, In the event_ the above-described ploperL} is rezoned by the Cit_ of P,P-(_0 to I -1 (Light Industrial) and in consideration of that evLnt_ should IL occur, and subject to the teims and conditions hereinaftel stated, the applicant does hereby covenant and agree as follows 1 he Ownel(s) plomlse to comply with all of the terms of this agleement in the event the as full consideration herein, grants a rezone o I t he abo\.( -dc Ll)ed proper t r- LZ Co EXHIBIT S. T-4 ORDINANCE 4i7478 -TT, 4 A 11 / L— , .... — - -- ....-- — -,----- --,-. .,,,,_-- ,--,- ..7-4•7,-4,--,--, •7,--70,4.- , -, , , ...*--' - — .. --- - - ..-7 ,-----;--F ---..-,7---,--- ,'' 277,7' t "Th- - _ 4 ': •• .... t, 7i ' , L •,, k.' .. ,1/4 1 ._ -, - - - .-• " _ - r ` ' - _ .. , , --...' - ' , 417478 2 The 0\,ner agrees to perform the terms set forth in Section 4 of this agreement (-e-liee-s-e--etme-)- - -( -rvt-t-h-rn td-a7s1 --tmorrths1 --af - t le - - -a tj-f-e-e .trt- 7 - -(-Y p-r -ror - ot-c-ap a -rrc-7 - of- -any- 15a rittr ri C -e Fl— e- --bee--&e e-r-rbetl- -pro-per tyr - c -)--prityr - to -th e - s tra-rTc - 0 - a -f-1-y- tH.-1-6-tfltr er-nri-t --f-o-r - - crrrrs t rIrc-t urr -an - "ttl. I S - 11TO P-O-Y 7 -, — 7 - ( s-t a -t-e-d- -t-rm c - -Fur =Tit 3 This agreement shall be binding on the heirs, assigns, grantees or successors in interest of the Owner(s) of the property herein described 4 Conditions A. Development plans be subject to review and approval by the Planning Commission, prior to issuance of a building permit, with respect to the following potentially adverse effects to the neighboring residentially zoned property 1) Noise 2) Lighting 3) Setback of structures from the west property line 4) Adequate access 5 Legal description That portion of the southeast quarter of the northeast quarter of Section 28, Township 9 North, Range 30 E W M , described as follows Commencing at the southwest corner of said southeast quarter of the northeast quarter of said Section 28, and proceeding, thence along the westerly boundary line of said subdivision a distance of 415 feet, to a point which is the true point of beginning of this description, thence proceeding northerly along said westerly boundary line of said subdivision a distance of 328 feet to a point, thence easterly and at right angles a distance of 270 feet, thence southerly and at right angles to the northwesterly line of the Kahlotus Highway right-of-way, thence along said road right-of-way line southwesterly to a point that is due East of the point of beginning, thence on a straight line to the point of beginning 417478 Le, QO T,. c-z c— CO 41, czr"4 4 r o , gui r le • a. A • .0. • 411.4. I•tary Public in arc vashington, residing of ItOrc a . w /, 417478 The ,)elson(s) uho,e names ale subsciibed herein do hereb ertify that they are the sole holders of fee simple interest in the above desciibed property Owners STATE OF WASHINGTON) ss County of Fianklin ) On this day personally appeared before me ?& e to me Known to be the d indivival(s ‘ho o ecuted tne within and foregoing instrument on the lines aboe their typed names and acknowledged that the signed the same as their free and voluntaly act and deed for the uses and ,Inuriloses theiein mentioned Given under my hand and offici 19 r2._ * * * * * * * * The ac i ent of too corporation whose name 19 subscribed herein does htireb col tit; that the corporation is the sole holder of fee simple interest in the above described property OWNER By SIATE OF Vi\SIIING'101 ,) .st,s County of Iianklin ) On this day personally appeared befole me to Me 1110%in to be the ot Lh( colt)orttion tnat o-ecuted the within and foregoing instrument, and ackno%ledged 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 'as authorized to e\ecute said instrument GLven undei my hand and official seal this day of 197 seal this c_3O Notary Public in and for the State of Washington, residing at 417478 xsa :•- I , t r 7 AFFIDAVIT OF PUBLICATION COUNTY OF Franklin )s s STATE OF WASHINGTON Phyllis G-raves , being first duly sworn on oath deposes and says she is the Princi pal 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 l egal advertisement Ord,. # 2352 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 cafFY-44XX4kK4sxc, ommencing on the 9th day of April ,19 82 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 $ 49.50 has been paid in full, also at the rate of 7i in.@ 6.60 = 49.50 Subscribed and sworn to before me this 19th day of April , 19 82 Notary Public in and for the State of Washington residing at Pasco Ordinance No 2352 1 An Ordinance relating to I zoning and changing the zone classification of certain real property within the City of Pasco from R T Residential Transition to I 1 Light Industrial, 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 Ina described real property situated In Pasco, Franklin County, Washington, to-wit That portion of the south east quarter of the north- east quarter of Section 28, , Townsip 9 North, Range 30 E W M, described as follows Commencing at the south west corner of said south ,east quarter of the 'northeast quarter of said Section 28, and proceeding, thence along the westerly 'boundary line of said sub- division a distance of 415 feet, to a point which is the itrue point of beginning of this description, thence pro- ceeding northerly along said 'westerly boundary line of said subdivision a distance of 328 feet to a Point, I thence easterly and at right angles a distance of 270 feet, thence southerly and ( at right angles to the north westerly line of the Kati- lotus Highway right-of way, thence along said road right of way line south- westerly to a point that Is due East of the point of be- ginning, thence on a straight line to the point of beginning OS depicted In the map at tached hereto and identified as Exhibit I,' be and the same Is hereby changed from R T Residential Tran- sition to Ii Light Industrial, as conditioned by con- comitant zoning agreement which Is attached hereto and is Identified as Exhibit "2 ' Section 2 That any and all zoning maps be and are hereby amended to conform to the aforesaid zone change Section 3 This ordinance shall be in full force and effect after Its passage and Publication as required by law Passed by the City Coun- cil of the City of Pasco this 5th day of April, 1982 s E A Snider, Mayor Attest I s- Evelyn 0 Wells, City Clerk Approved as to Form s- Greg Rubstello, City Attorney Legal No 12699 — Apr 9, 1 1982 FINANCE DI , PAR I MEM (509) 515 3 tO1 Sean 726 3101 CITY of lao•Lioval,...n P 0 BOX 293 412 WEST CLARK PASCO, WASHING ION 99301 April 6, 1982 In City Herald P 0 Box 2608 Pasco; Washington 99302 Gentlemen Please publish the attached Ordinances on the following date April 9, 1982 Please send two (2) Affidavits of Publication for each Sincerely yours, Evelyn Wells City Clerk ew