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Home My WebLink About3053 Ordinance - Recorded- 52.4e351 vuL0356 P 6 0396 ORDINANCE NO. s.305-.3 AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from C-1-D (Designated Shopping Center) to C-3 (General Business) with a concomitant 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 The north 300' of the east 180' of 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 40' and the east 30' for Roads as depicted in the map attached hereto and identified as Exhibit "1", be and the same is hereby changed from C-1 -D (Designated Shopping Center) to C-3 (General Business) , as conditioned by a 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 1994 PASSED by the City Council of the City of Pasco, this 1) of OCA-Ober , RECO P O r ,r - 94 OCT 1 A 9 '1 2 5a4e32., ZON ,‘ LE'r-;-T FRANK!. IN 1PI (Yre DEPU rY))Tobtip ,61A,0-4-5- 10,1L 11, ATTEST Catherine Seaman, Deputy City Clerk APP VED A 0 1111n 1 vs$ _ ste lo, ty At- orney 52.4e32. OPAL ST 116111511=111121 IIIIMINIMMIEINIIMINSMIsmILATE ST RUBY FIRE STATION NO 2 0 5i. 48 OPAL PL OCT 17 '94 10 36 CITY OF PASCO v 0 L0356 P 6 0398 P 2/4 ,'• 51,4832. 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 C-3 (General Business) 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. CONCOMITANT ZONING AGREEMENT PAGE 1 OF 3 51,48a2. OCT 17 '94 10 37 CITY OF PASCO V 0 L0356 PG0399 P 3/4 , . 514E331 . 3) This agreement shall be binding on their heirs, assigns, grantees or successors in Interest of the Owner(s) of the property herein described. 4. Conditions: A. All areas used for outdoor sales and service activities shall be hard surfaced except for landscaping; B. Heavy machinery sales and service activities are prohibited. 5. Legal Description: The north 300' of the east 180° of 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 40' and east 30' for roads. The person(s) whose names are subscribed here do hereby certify that they are the sole holders of fee simple interest in the above-described property: STATE OF WASHINGTON) 5614-vel ) ss . County of-ft.ftrAel*R ) On this day personally appeared before me goTacon Meocks0,1% to me known to be the individual's) who ekecuted the within and foregoing instrument on the lines above their/his typed names and acknowledged they they/he signed the cxervue,ffi e v;t as their/his free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal this 17 day of Oc.ko \OR".r" , 1994. CONCOMITANT ZONING AGREEMENT PAGE 2 OF 3 sa4eal 9 A safuni OCT 17 '94 10 37 CITY OF SCO Y0u0356 PG0400 P 4/4 ary Public in nd for the State of Washington, residing at/tuajzak j IcK * * * The age 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: BY: STATE OF WASHINGTON) ) ss. County of Franklin ) 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 , 1994 Notary Public in and for the State of Washington, residing at CONCOMITANT ZONING AGREEMENT PAGE 3 OF 3 52,41832., i(vp — 3 DATE — / y LEGAL NO - • UT '3 1 1994 C-1NA CE DEPT If Iktt f. ea P 0 BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 --is 11,E2AL ADVEGIT11,01102 INVOICE ACCOUNT NO DESCRIPTION TIMES (-") 12'..1":% ORDINANCE NO, 7057 A 4 74( ) INCHES - SOLD TO FASCO, CITY OF LEGALS F.O. BOX 2197 F(ISCO WA :49:o1 TOTAL 52 .4E. PSOTOCE This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment AFFOLIKY Age8.110.1`11 -'1100 COUNTY OF BENTON SS STATE OF WASHINGTON ORDINANCE NO 3053 AN ORDINANCE relating to zoning and-,hanging the classirication L 'certain real property within the City of Pasco from C 1-D (Des ignated Shopping Center) to C 3 (General Business) with a concomitant agreement THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS Section 1 That the zone classification of the follow ing described real !property situated in Pasco Franklin County Washington to wit The north 300 of the east 180 of the west half of the Northwest quarter of the Northwest quarter of Sec- tion 25 Township. 9 North Range 29 East W M EX- CEPT the north 40 and the east 30 for Roads as depicted in the map at tached hereto and identi fled as Exhibit 1 be and the same is hereby changed from C 1 D (Des- ignated Shopping Center) to C-3 (General Business) as conditioned by a 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 con form to the aforesaid zone change Section 3 This ordinance shall be in full force and effect after passage and publication as required by law PASSED by the City Coun cil of the City of Pasco this 17 of October 1994 -s- Joyce DeFelice Mayor Attest -s Catherine Seaman Deputy City Clerk Approved As To Form -s Greg Rubstello City Attorney #1853 10/23/94 , being duly sworn, deposes and says, I am the Legal Clerk of the Tn-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 countinually as a daily newspa- per in Benton County, Washington That the attached is a true 1 (1`.:, 11RII ENANLE NO . 3 A copy of a - - as it was printed in the regular and entire issue of the Tn-City Herald itself and not in a supplement thereof, 1 time(s), on , and ending on 10/c).:P-1 1-1 commencing 10/27/ -1e4 - , and that said newspaper was regulary distributed to its subscribers during all of this period CetAii& ic-gva SUBSCRIBED AND SWORN BEFORE ME THIS 2 16 DAY OF OLIAtIOW , 19111- Nota public in and for the State of Wash- ington, residing at COMMISSION EXPORES 7 — La) la ford