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Home My WebLink About3072 OrdinanceDe..3 Felice, Mayor A'1TBST Cat enne Seaman, Deputy i y Clerk APP'OiiI A bstello, ity ttorney ORDINANCE NO 307Q AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from RT (Residential Transition) to C-1 (Retail 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 south 385 feet of the southwest quarter of Section 10, Township 9 North Range 29 East W M as depicted in the map attached and identified as Exhibit "1", be and the same is hereby changed from RT (Residential Transition) to C-1 (Retail Business), 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 PASSED by the City Council of the City of Pasco, this _ 3 of3 -c3,1\uck_f9 , 1995 EXHIBIT 1 ) -551,3n44 V0L0367 PP..° 1.4 9 0 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 oi Pasco and the Owner(s) are both interested in compliance with the Pasco Municipal Code provisions relating to the use and di-velopinent 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-1 (Retail 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 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 The following uses shall be prohibited 1) Upholstery shops, 2) Billboards, 3) Auto Detail shops, 4) Sign shops, 5) Signage exceeding 30 feet in height, 'We awl RECORDED AT THE REQUEST OF CITY PASCO APR 19 2 45 PH '35 sass44 ZONA G LENNART DEPUTY FRANNLIN CNTY AU ITOR MAIL TO CITY 0 PASCO M.SR441, vol.036 7 136 04 9 1 51,21 344 5 Legal Description The south 385 feet of the southwest quarter of Section 10, Township 9 North, Range 29 East W M The person(s) whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the above-described prop-r: Owners I de r' ovir Air STATE OF WASHINGTON) ) ss County of FcraMdm CCA),(4. On this day personage)/ appeared before me k Olt r+l-W - 164 we 4 - 4 -Fe .CAL-44.0.47 - Shepk4 "5- 0.-iteni 1 i't6 me known to be the individua1(6 -who 11440 e 4it Veufed the wi • and foregoing instrument on the es above their/his typed names and acknowledged e signed the a is free and voluntary act and deed for the uses and purposes therein mentioned Giv nde my hand and official seal of / 0 day of , 1995 TRACEY LEA TALA NOTARY PUBLIC STATE OF WASHINGTO COMMISSION EXPIRE APRIL 9 1997 Gck Publ n and for the State ' ashington, residing at (74.44--tfrr °1/ ot 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 ahove-uescrmed property Owner By STATE OF WASHINGTON) ) ss County of Franklin ) appeared before me to me known to be of the corporation that executed the within and foregoing instrument, and acknowledged that said instrument to be the free and CONCOMITANT ZONING AGREEMENT PAGE 2 OF 3 Si}.3344 On this day per the . sass4,1 v o l.0j6 7 P 6 04 92 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 1995 Notary Public in and for the State of Washington, residing at 52.,SEMAI CONCOMITANT ZONING AGREEMENT PAGE 3 OF 3 DATE " I :55 LEGAL NO 111 i 7 ACCOUNT NO 5 "1"15 DESCRIPTION 11 7 °REIT Nn 70 -72 TIMES ( INCHES 14 - ORDINANCE ,10 3072 (AN ORDINAN E relating tto zoninnand c n anging the classitic on of ,ertam teal property within the City of Pasco from RT (Residential Transition) to C 1 (Retail Business) with a concomi- tant agreement THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS 1Section 1 That the zone classification of the follow- ing described real property situated in Pasco Franklin County Washington to wit The south 385 feet of the southwest quarter of Sec- tion 10 Township 9 North Range 29 East W M as depicted in the map at- tached and identified as Exhibit 1 be and the same is hereby changed from RT (Residential Tran sition) to C-1 (Retail Busi ness) conditioned by Con comitant Zoning Agreement which is at tached hereto and is iden titled 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 3 of January 1995 -s- Joyce DeFelice Mayor Attest -s Catherine Seaman , Deputy City Clerk 'Approved As To Form s- Greg Rubstello City Attorney #117 - 1/8/95 r JAN 1 3 RECT1 SHANCE DEP DAY OF Nota public in and for the State of Wash- ington, residing at PA111 Wi- COMMISSION EXPIRES ?-/ 4t:. Z•Cl" P0 BOX 2608 77% PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 LEM& ADVZ=277110002 INVOICE SOLD TO Ac3C 0 , 1 TY OF LEGALS F .0 BOX ED: riSC 0 WA 7-1 ..11: 0 1 T TA1 49 .50 NOTIICIE 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 AFF110AKY OF PaPalinz2Y800 COUNTY OF BENTON SS STATE OF WASHINGTON C RL iL F ORD , being duly sworn, deposes and says, I am the Legal 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 6 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 copy of a 11 7 ORLI MANCE" NCI . 73372 as it was printed in the regular and entire issue of the Tri-City Herald itself and not in a supplement thereof, 1 time(s), commencing on 01 /08/ 4 L , , and ending on 3. /08/ 1 5 , and that said newspaper was regulary distributed to its subscribers during all of this period SUBSCRIBED AND SWORN BEFORE ME THIS K TRANSACT ION REPORT > 04-04-1995(TUE) 10 19 C MR A NJ s ri I -1- 3 NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT 6437 4-04 10 14 15095821453 11 0 0 04 32 NORM E OK 11 0°04 32 New dry CW PAS CO FINANCE DEPARTMENT (509)545-3401 / Scan 726 -3401 / Fax (509)545-3403 P 0 BOX 293, 525 NORTH 3RD AVENUE, PASCO, WASHINGTON 99301 001011111 1 1 1 11 11 1111 111 1 1 P ool Apnl 4, 1995 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) No 3077-3082 on the following date Apnl 9, 1995 Please send two (2) Affidavits of Publication for each Thank you, Cathenne D Seaman Deputy City Clerk 545-3402 cds * No attachments or maps included