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HomeMy WebLinkAbout3088 Ordinancero-tem Charles Kilbury, M
Catherine Seaman, Deputy City Clerk
tello, City Attorney
YE A
Rik
ORDINANCE NO.30r&.
AN ORDINANCE relating to zoning and changing the classification of certain real
property within the City of Pasco from C-2 (Central Business
District) to C-3 (General Business)
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 100 feet of Lots 15 and 16, Block 23, Northern Pacific Plat,
as depicted in the map attached and identified as Exhibit "1", be and the same is hereby
changed from C-2 (Central Business District) to C-3 (General 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 of Zarle—,
1995
ATTEST
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EXHIBIT "1"
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GUENTHER
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voLO 3 7 I P60598 ,
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, 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 descnbed 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-descnbed 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) Express offices,
2) Heavy equiupment sales and service,
RECORDED /31. THEWarehouses
REQUEST4')F Landscape gardening and storage area for equipment and materials,
CIY OF PASCO 5) Mobile home sales and service,
6) Lumber sales business,
IN z8 3 2 pili I community service facilities,
zzaont7
ZONA I, LENNART
FRANKLIN CNIf AUDITOR
tri EA fIrT Y0 1 edC151A-61-'--C- saa7a7
5g1.707
v0 L0371 P 6 0599
5 Legal Description
The south 100 feeet of Lots 15 and 16, Block 23, Northern Pacific Plat
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 g4-4)
STATE OF WASHINGTON)
) ss
County of Franklin )
7,Ifi
On this day personally appeared before me
ll/E Ce. ow -- Re ar 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 e0A2.%),V.7' as their/his free and voluntary act arta
for the uses and purposes therein mentioned "" t
Given under my hand and official seal of
N.1 ccM- ,1995
\ . . .....
cg cle•
°
Notary P or
of Washington, resigning at
s
* * * *
• ,t
....... ..........
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
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
CONCOMITANT ZONING AGREEMENT
5;4178?
' < TRANSACTION REPORT >
06-06-1995(TUE) 09 25
C -11.- 1=2 A NJ sr-i I -r- 3
NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT
7053 6-06 09 22 15095821453 ' 0'02 56 NORM E OK
7 0 02 56
L '
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060 11 9 0 00 08si p ,
vet." ggp M C /c,c.
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WOO
C Tc,_PO BOX 2608
PASCO WASHINGTON 99302 2608
PHONE (509) 582 1500
LEGAL ADVERTISING
INVOICE
SOLD TO FASCO, CITY OF LEGALS
F.O. BOX 29:
F ASCO WA 9:O1
DATE of: / 1 / .74. LEGAL NO =JP
ACCOUNT NO 50=i=i(-)
DESCRIPTION 44- P1—nRn
TIMES not INCHES 4 -0
T TAL 48.57
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
FF!tA VET F EN; L0CATBOO
COUNTY OF BENTON
as
STATE OF WASHINGTON
GPRAI ri WAI I , 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 #921 —ORD #3u88ANI as it
was printed in the regular and entire issue of the Tr-City Herald
itself and not in a supplement thereof, 1 time(s),
commencing on cx„ , and ending on
OE•/ 1 7. I.5 , and that said newspaper was regulary
distributed to its subscribers during all of this period
SUBSCRIBED AND SWORN BEFORE lifiE THIS
ORDINANCE NO 3088
AN ORD VANCE relating
to zoning and changing the
classification of certain real
property within the City of;
Pasco from C 2 (Central
Business District) to C-3
(General Business)
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
I County Washington to-wit
The south 100 feet of Lots
15 and 16 Block 23
Northern Pacific Plat as
depicted in the map at-
tached and identified as
Exhibit 1 be and the same
is hereby changed from
C-2 (Central Business Dis-
trict) to C 3 (General Busi-
ness) conditioned by Con-
comitant Zoning
Agreement which is at-
tached hereto and is iden-
tified 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 he in full force and
effect after passage and
publication as required by
law
PASSED by the City Coun-,
al of the City of Pasco this,
5 of June 1995
s- Charles Kilbury
Mayor Pro-tern
Attest
-s- Catherine D Seaman
Deputy City Clerk
Approved As To Form
s- Greg Rubstello
City Attorney
#921 6/11/95
DAY OF
131.
.. ‘40TAR y r.
- r-Notary public in and for the State of Wash- .
PUt•C Zington, residing at KEKIIn IP W r).
T' II %
icH 2 \c3 COMMISSION EXPIRES 3- 2- -9g %?-9
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FINANCE DEPARTMENT (509)545-3401 / Scan 726 -3401 / Fax (509)545-3403
P 0 BOX 293, 525 NORTH 3RD AVENUE, PASCO, WASHINGTON 99301
June 6, 1995
Tn-City Herald
P0 Box 2608
Pasco, Wa 99302
Dear Kathy
Please publish the attached Ordmance(s) No 3086-3090 on the following date
June 11, 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