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Home My WebLink About3081 OrdinanceORDINANCE NO. 303) AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from R-1-8 5 (Low Density Residential) to R-1 (Low Density Residential) 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 southwest quarter of Section 10, Township 9 North, Range 29 East W M and the south 165' of the northwest quarter of Section 10, Township 9 North, Range 29 East W M EXCEPT the south 385' 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 R-1-8 5 (Low Density Residential) to R-1 (Low Density Residential) 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 of dpe i I , 1995 gJ eFelice, Mayor 1Ni 4' ATTEST Catherine Seaman, Deputy City Clerk APPROVED AS TO FORM Greg Rubstello, City Attorney orc4 No 3031 -i- CITY LIMITS REZONE SITE BALL STADIUM EXHIBIT 2 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 R-1 (Low Density Residential) 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 minimun side yard, as defined in Section 22 12 870 shall be ten feet one one side and five feet on the other 5 Legal Description The southwest quarter of Section 10, Township 9 North, Range 29 East W M and the south 165' of the northwest quarter of Section 10, Township 9 North, Range 29 East W M EXCEPT the south 385' 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 property Owners i STATE OF WASHINGTON) County of Franklin On this day personally appeared before me to me known to be the individual(s) who executed the within and foregoing instrument on the lines above their/his typed names and acknowledged they/he signed the as their/his free and voluntary act and deed for the uses and purposes therein mentioned Given under my hand and official seal of day of , 1995 Notary Public in and for the State 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 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 ) ss ) CONCOMITANT ZONING AGREEMENT PAGE 2 OF 3 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 1995 Given under my hand and official seal this day of Notary Public in and for the State of Washington, residing at CONCOMITANT ZONING AGREEMENT PAGE 3 OF 3 SUBSCRIBED AND SWORN BEFORE ME THIS otary public in and t5for the State of sh- ington, residing at R I CHLAND WA COMMISSION EXPIRES ,S)` F:1 ZVI P 0 BOX 2608 PASCO WASHINGTON 99302 2608 - - PHONE (509) 582 1500 &MAR, ADVE07100012 INVOICE SOLD TO PASCO, CITY OF LEGALS P.O. BOX 293 PASCO WA 99301 DATE 04 /09 /.745 LEGAL NO #591 ACCOUNT NO 5055C) DESCRIPTION #591—ORE' #:081AN TIMES 001 INCHES 4.90 7071-3& 55.11 NOTICE 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 AFFMAKY OF PUE31111=71100 COUNTY OF BENTON S S STATE OF WASHINGTON GERALD WALL , 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 copy of a 4t591—ORD #3081AN 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), commencing on C)4/09/9 , and ending on 04/09195 , and that said newspaper was regulary distributed to its subscribers during all of this period I ORDINANCE NO 3081 AN ORrINANOE relating I to zonln(4 - and changing the classification of certain real property within the City of 1Pasco from R 1 8 5 (Low I Density Residential) to R-1 (Low Density Residential) THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS !Section 1 That the zone ;classification of the follow ling described real property situated in Pasco Franklin 'County Washington to-wit The southwest quarter of Section 10, Township 9 , North, Range 29 East W M and the south 185 of the northwest quarter of Sao tlon 10 Township 9 North, Pangs 29 East W M EX- CEPT the south 385 of the southwest quarter of Sec tion 10, Township 9 North Range 29 East VV M as depicted In the map at tached and identified as Exhibit 1 be and the same is hereby changed from R-1 8 5 (Low Density Residential) to R-1 (Low Density Residential) condi tioned 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 con- form to the aforesaid zone change Section 3 This ordinance shall be in full force and effect after passage and r auwblication as required by PASSED by the City Coun- cil of the City of Pasco this 3 of April 1995 -s Joyce DeFelIce Mayor Attest -s Catherine D Seaman Deputy City Clerk Approved As To Form -s Greg A Rubstello City Attorney #591 - 4/9/95 E E APR 3 1995 ANANCE DEPT. < TRANSACTION REPORT > 04-04-1995(TUE) 10 19 C 1- R A Ni sr-i I --r- 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 cri-ir OF PASCO FINANCE DEPARTMENT (509)545-3401 / Scan 726 -3401 / Fax (509)545-3403 P 0 BOX 293, 525 NORTH 3RD AVENUE, PASCO, WASHINGTON 99301 .„110111 1111111 1 111111111111 1 110 ,,,, April 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 Pubhcation for each Thank you, Cathenne D Seaman Deputy City Clerk 545-3402 cds * No attachments or maps included