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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
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EXHIBIT 1 -
ORDINANCE
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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
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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 -
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( 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
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I•tary Public in arc
vashington, residing
of ItOrc a .
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/, 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