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ORDINANCE NO. 2581
AN ORDINANCE relating to and changing the zone
classification of certain real property within the City of Pasco
from C-1D (Designated Shopping Center) to C-3 (General Business),
as conditioned by concomitant zoning agreement.
WHEREAS, November 21, 1985 the City Planning Commission
conducted a public hearing to consider whether or not to
recommend to the City Council that the real property described
below be rezoned from C-1D to C-3 to allow the U.S. Postal
Service to construct a regional mail handling facility thereon
and the City Council has reviewed and considered the findings and
conclusion of the Planning Commission; and
WHEREAS, the proposed regional mail handling facility
presents special and significant difficulties for the city in the
regular course of enforcement of its zoning, planning and
building codes and regulations not attendant to private
development; and
WHEREAS, it is agreed by both the City and the applicant
for the rezone that the proposed regional mail handling facility
development would increase the flow of traffic around the
perimeter of the proposed development on Roads 36 and Road 34
between Court Street and Sylvester Street and that such traffic
will contribute to the rapid decay of already poor road
conditions on such roads and that it will be necessary for the
public safety that improvements be made to both roadways; and
WHEREAS, both the City and the applicant for the rezone
agree that the owner of the below described real property should
pay its fair share of the cost of the road improvements made
necessary by the proposed rezone and proposed development; and
WHEREAS, the City Council finds that land for which the
rezone is proposed is vacant property and has been undeveloped
since its zoning to C-1D, and that vacancies exist in the
existing shopping and retail developments in the area and that
the proposed mail handling facility development is in the best
interests of the city as it will provide jobs in the area and
promote traffic to the shopping and retail developments in the
area;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section One. That zone classification of the following
described real property situated within Pasco, Franklin County,
Washington, to-wit:
P'43 c_D
C.--
442-4,16
44,430
The West half of the Northwest quarter of the Northwest
quarter of Section 25, Township 9 North, Range 29 East,
W.M.; except the North 300 feet of the East 180 feet
thereof; and except the South 425 feet thereof; and except
Court Street; and except Road 34; and except Road 36,
records of Franklin County, Washington,
as depicted in the map attached hereto and labeled as Exhibit 1,
be and the same is hereby changed from C-1D (Designated Shopping
Center) to C-3 (General Business), as conditioned by the
concomitant zoning agreement which is attached hereto and labeled
as Exhibit 2 and further conditioned upon the sale and conveyance
of title of said real property to the United States Postal
Service.
Section Two. That any and all zoning maps be and hereby
are amended to conform to the aforesaid zone change at such time
as the conditions to the rezone are satisfied.
Section Three. This ordinance shall be in full force
and effect five (5) days after its passage and publication.
PASSED by the City Council and approved by the Mayor this
day of December, 1985.
ATTEST4 z'
velyn Wells, City Clerk
APPROVED AS TO FORM:
t ill'
\VIA% !NA
Greg ubs ello City Attorney
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EXHIBIT 1
ORDINANCE NO 2581
m0Pa1 111
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wolf Ad
44243 ,3
• . - CONCOMITANT ZONING AGREEMENT - MATHES REZONE
Agreement, made this day of December, 1985, between
the CITY OF PASCO, a non-charter code city, under the laws of the
State of Washington (hereinafter referred to as City), and DALE
MATHES and IVA H. MATHES, husband and wife, and LESTER SCHILKE
and JOANNA M. SCHILKE, husband and wife (hereinafter referred to
as Owner), being the Owner of certain real property in the City
of Pasco proposed by Owner to be rezoned to C-3 (General
Business):
Whereas the Owner wishes to have rezoned approximately an
eleven acre parcel of land, generally rectangular in shape,
located at the Southeast corner of the intersection of Road 36
and Court Street in the City of Pasco, from C-1D (Designated
Shopping Center) to C-3 (General Business) for the purpose of
accomodating a U.S. Postal Services regional mail handling
facility; and
Whereas the property has access on Road 34, Road 36 and
Court Street. Court Street is a principal arterial street within
the city. Road 36 is a neighborhood residential collector. Road
34 is a local street, that functions as an arterial street in
that it serves properties east of Road 34. Both roads 34 and 36,
at their intersections with Court Street, are signalized through
improvements to Court Street made in 1985 through LID No. 117;
and
Whereas the proposed Postal Service Regional Mail Handling
Facility will dramatically increase the flow of traffic around
its perimeter on Roads 34 and Roads 36, which will significantly
contribute to the decay of road conditions on such roads and
require improvements to be made to both roads for traffic safety;
and
Whereas both parties to this agreement agree that the sum
of $45,000.00 represents a fair estimate of the properties fair
share of the cost of completing the necessary roadway
improvements necessitated by the aforesaid rezoning for the
regional mail handling facility; and
Whereas both parties are interested in mitigating any
adverse impacts which might result because of the requested
rezone and proposed development and both parties are interested
in compliance with the Pasco Municipal Code provisions relating
to the use and development of the Owners property situated in the
City of Pasco, and more particularly described as follows:
The West half of the Northwest quarter of the Northwest
quarter of Section 25, Township 9 North Range 29 East,
W.M.; except the North 300 feet of the East 180 feet
thereof; and except the South 425 feet thereof; and except
Court Street; and except Road 34; and except Road 36,
records of Franklin County, Washington.
EXHIBIT 2
ORDINANCE NO 2581 ;
442436
Now, therefore, the City and the Owner agree as follows:
1. Upon the rezoning of the above described real
property by the City of Pasco to C-3 (General Business) and in
consideration of that event upon its occurrance, subject to the
terms and conditions hereinafter stated, the owner does hereby
covenant and agree as follows:
a. Upon the sale, transfer or conveyance of the above
described real property to the U.S. Postal Service, the
owners of the above described real property shall deposit
with an escrow agent acceptable to the Pasco City Manager,
the sum of $45,000.00 for the purpose of paying said
properties fair share of future roadway improvements to
Road 34 and Road 36 between Court Street and Sylvester
Street.
b. Further, it is agreed that the $45,000.00 will be
placed in an interest bearing escrow account. Owner shall
pay the initial set-up costs of the escrow. Annual fees
and other assessments by the escrow agent, if any, shall
be paid from the accumulated interest.
c. The escrow instructions shall instruct the escrow
agent to pay over to the City of Pasco on demand of the
Pasco City Manager such amounts of principal and
accumulated interest he demands from time to time. Any
such funds paid over to the City shall be used to pay
costs incurred by the City in making the aforesaid road
improvements.
d. If upon completion of the road improvements there
remains funds in the escrow account or with the City of
Pasco unexpended for the aforesaid road improvements, any
such funds, after deduction of any unpaid escrow charges,
shall be returned to the owner and each of them, in equal
shares.
2. The $45,000.00 and any interest accumulated on the
said $45,000.00 until the time of road improvements to Road 34
and Road 36 shall be the maximum amount required from the owner
or owners successor in interest toward said road improvements.
3. The persons whose names are identified above as Owners
of the property and who sign their names below as Owners of the
property do hereby certify that they are the sole holders of fee
simple interest in the above described real property.
442436
DATED this day of December, 1985.
Da1 athes Owner
Al
1111VdisraLat AP,
LIster Schil'e - •wner
Iva H. Mathes, Owner
9/A4A-f-i/ ›Y 1/ //
JoAnna M. Schilke, Owner
STATE OF WASHINGTON )
ss.
County of Franklin )
blii/c in and fo
as ngtion residing
tate
-d-Go
son, Mayor
RECORPED o?D,
OF OFFIrIAL hECORDS
RFO OF
85 PE 26 1110 55
APr.Ia D AS • FO
llo, City Attorney Gre
A L T
442436
VA
FRA 114 O.v j tiA
,EPLITY
pera,,1 AUDITOR
44 624:3G
On this day personally appeared before me Dale Mathes, Iva
H. Mathes, Lester Schilke and JoAnna M. Schilke, to me known to
be the individuals described in and who executed the within and
foregoing instrument, 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 and o ficial seal this ,2,62 day of
December, 1985.
- ,
„
-
C
ATTEST:
Wel s, City Clerk
NCE NO 2581
AK ORDINANCE relat-
ing'90 and changing the
zone classification of car,,
tian real property within theft
City of Pasco from C-1C t
(Designated Shopping Cen-,
ter) to C-3 (General Mai.
ness) as conditioned b
concomitant zoning agre
ment
WHEREAS Novembei'l
21 1985 the City Planning,
Commission conducted a
public hearing to consider.
whether or not to recom--
mend to the City Council -
that the real property de:-
scribed below be rezoned
from C-1D to C-3 to allow'
the U S Postal Service to
construct a regional malt,
handling facility thereopl
and the City Council has rea
viewed and considered the
findings and conclusion of
the Planning Commission:
and
WHEREAS the p re:Pa
posed regional mall hand"
ling facility presents special
and significant difficulties.
for the city In the regular
course of enforcement of its,
zoning, planning and build,
ing codes artdvi ulatione
not atte 4ct vilteijet.
velOome
WHEREASalr tstagrCed
by both the City and the ap-
plicant for the rezone that
the proposed regional mall
handling facility devel-
opment would increase the
flow of traffic around the pe-
rimeter of the proposed de-
velopment on Roada 36
and Road 34 between
Court Street and Sylvester
Street and that such traffic
will contribute to the rapid
decay of already poor road I
conditions on such roads
and that it will be necessary
for the public safety that im-
provements be made to
both roadways and
WHEREAS both the City
and the applicant for the re-
zone agree that the owner
of the below described real
property should pay its fair
share of the cost of the road
improvements made nec-
essary by the proposed re-
zone and proposed
development and
WHEREAS, the City
Council finds that land for
which the rezone is pro-
posed is vacant property
and has been undeveloped
since Its zoning to C-10
and that vacancies exist in
the existing shopping and
retail developments in the
area and that the proposed
mail handling facility devel-
opment is In the best Inter-
ests of the city as It will
provide jobs in the area and
promote traffic to the shop-
ping and retail , devel-
opments In the area,
NOW, THEREFORE, '
THE CITY COUNCIL OF
THE CITY OF PASCO,
WASHINGTON, DO OR-
DAIN AS FOLLOWS
Section One That zone
classification of the follow-
ing described real property
situated within Pasco,
Franklin County, Washing-
ton, to-wit-
The West half of the I
Northwest quarter of the '
Northwest quarter of Sec-
tion 25, Township 9 North,
Range 29 East W M ex-
cept the North 300 feet of
the East 180 feet thereof
and except the South 425
feet thereof, and except
Court Street, and except
Road 34, and except Road
38, 'records of Franklin
County. Washington,
as depicted in the map
attached hereto and la-
beled as Exhibit 1 be and
loth truy Cliulige
from C-1D (Designated
Shopping_ Center) to C-3,
(General Business), as con-
ditloqed by the concomitant
zoning agreement which is
attached, hereto and la-
beled as Exhibit 2 and fur-
ther4conditioned upon the
sale and conveyance of title
of said real property to the
United States Postal Serv-
ice "
,Section Two That any
and all zoning maps be and
hereby are amended to
conform to the aforesaid
zone change at such time
as the conditions to the re-
zone are satisfied
Section Three This or-
dinance shall be in full
force and effect five (5)
days after Its passage and
publication
PASSED by the City
Council and approved by
the Mayor, this' 23rd day of
December, 1985 '
-s-Joe Jackson,
Mayor '
ATTEST
-s-Evelyn Wells,
City Clerk ,
APPROVED AS TO FORM
-s-Greg A Rubstello,
City Attorney
LEGAL NO 40267 n
ow lass
AFFIDAVIT OF PUBLICATION
COUNTY OF Benton
ls s
STATE OF WASHINGTON
Sandra R. Sandvig
being first duly sworn on oath deposes
and says she is the principal clerk of the Tr' 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 here
inafter referred to published in the English language continually as a daily newspaper in
Dentan 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 Ad " Ordinance #2581"
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/1 Times, commencing
on the 28th
day of December , 19 85 , and
ending on the 28th day of December , 1985 and that said
newspaper was regularly distributed to its subscribers during all of this period
That the Total amount is $ 103 28
13.5 inches @ $7..65 = 103 28
Subscribed and sworn to before this 28th day of December 19 85
/e
Notaoy Public in and for the State of Washington residing at Paco
C2)2/
FINANCE DEPARTMENT
1509) 5454401
Sean 726-3401
CITY
of
P. O. BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301
December 24, 1985
Tri-City Herald
107 N. Cascade
Kennewick, WA 99336
Gentlemen:
Please publish the attached Ordinance on the following date:
December 28, 1985
Could you also send two (2) Affidavits of Publication.
I might mention than an earlier date is preferred, however, after
communication with the Classified Section on December 24, 1985,
it was determined that December 28, 1985 would be the earliest that
the Ordinance could be published due to an excessively large publication
of Classifieds and/or legals.
Sincerely,
Jerry ner,
Director of Finance/Admin. Services
, )
cc: Evelyn Wells, City Clerk