HomeMy WebLinkAbout2772 OrdinancePASSED by the City Council of the City of Pasco this
cZ day of
411UW.
4441OMPTA.,/ , Mayor
ATTE
is, City Clerk
APP ED AS,-TQ FO
y Attorney Gre
ORDINANCE No. 2772
AN ORDINANCE relating to zoning and changing the zone
classification of certain real property within
the City of Pasco from RMH-3 (Mobile Home and
Recreational Vehicle Park) to I-1 (Light
Industrial) as conditioned by concomitant zoning
agreement.
THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS
FOLLOWS:
Section 1. That the zone classification of the following
described real property situated in Pasco, Franklin County
Washington, to-wit:
Lot 2, Short Plat 87-3
as depicted in the map attached hereto and identified as Exhibit
"1", be and the same is hereby changed from RMH-3 (Mobile Home
and Recreational Vehicle Park) 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 passage and publication as required by law.
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EXHIBIT I
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EXHIBIT II
CONCOMITANT ZONING AGREEMENT
WHEREAS, 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 Washington State
Constitution) has authority 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 jurisdiction; and
WHEREAS, the Owner(s) of certain property have applied for
a rezone of such property described below within the City's
Jurisdiction; and
WHEREAS, the City pursuant to R.C.W. 43.12(c), the State
Environmental Policy Act, should mitigate any adverse impacts
which might result because of the proposed rezone; and
WHEREAS, the City of Pasco and the Owner(s) are both
interested in compliance with the pasco Municipal Code
provisions relating to the use and development of
property situated in the City of Pasco, described as follows:
(SEE PAGE 2, #5, LEGAL DESCRIPTION)
WHEREAS, the Owner(s) have indicated willingness to
cooperate with the City of Pasco, its Planning Commission and
Planning Department to insure compliance with the Pasco Zoning
Code, and all other local, state and federal laws relating to the
use and development of the above described property; and
WHEREAS, the City, in addition to civil and criminal
sanctions available by law, desires to enforce the rights and
interests of the public by this concomitant agreement; NOW,
THEREFORE,
In the event the above-described property is rezoned by
the City of Pasco to I-1 (Light Industrial) and in consideration
of that event should it occur, and subject to the terms and
conditions hereinafter stated, the applicant does hereby covenant
and agree as follows:
1. The Owner(s) promise to comply with all of the terms
of the agreement in the event the City, as full consideration
herein, grants a rezone on the above-described property.
2. The Owner(s) agrees to perform the terms set forth in
Section 4 of this agreement.
3. This agreement shall be binding on the heirs, assigns,
grantees or successors in interest of the Owner(s) of the
property herein described.
CONCOMITANT ZONING AGREEMENT -2- JOHN WILLIAMS
4. Conditions:
(A) Uses of the property as described herein shall be
limited to mobile home and modular building storage
and/or cemetery uss in accord with PMC Chapter 22.80.
5. Legal Description:
Lot 2, Short Plat 87-3
The person(s) whose names are subscribed here do hereby
certify that they are the sole holders of fee im le interest in
the above-described property:
STATE OF WASHINGTON)
SS .
County of Franklin )
On this day personally appeared before me 34',v g XIM,9,0,7 s
to me know to be
the individual(s) who executed the within and foregoing
instrume pn the lines above iei r typed names and acknowledged
that igned the as free and voluntary act and
deed for the uses and purposes therein mentioned.
Given under my hand and official seal this 7 day
, 1990.
of
tary ub ic in and for the S te
of Washington, residing at
The agent of the corporation whose name is subscribed
herein does hereby certify that the corporation is the sole
holder of fee simple interest in the above-described property.
OWNER:
Owner :
By:
CONCOMITANT ZONING AGREEMENT -3- JOHN WILLIAMS
STATE OF WASHINGTON)
) ss
County of )
On this day personally appeared before me
to me known to be the
of the corporation that executed the within and foregoing
instrument, and acknowledged 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 was
authorized to execute said instrument.
Given under my hand and official seal this day of
1990.
Notary Public in and for the State of
Washington, residing at
April 3, 1990
Tri City Herald
P.O. Box 2608
Pasco, Washington 99302
Gentlemen:
Please publish Ordinance Nos. 2771 and 2772 on the following
date:
April 6, 1990
Please send two (2) Affidavits of Publication for each.
Sincerely,
Evelyn Wells
City Clerk
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