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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 c%) vmv EXHIBIT "1" A / / / << 1 )‘/,, / \ / \ 41 \ „› / K`Pg _\ i) • < / v \ / , r • c-0 /• (,),• 4,0 \ s \ / • y (.> /9:, \ < • ./K<,,e \ r '>' , \ \/ / //// /N \ \ \ s , • / \-- / • `'V /\ _ 6' Y `, 0 / woRTHERN PACIF ‘1,1 Asf RIGHT 0 f GUENTHER TRACTOR CO, INC , ---- NV \ 4 7:1-55.-..r--c lec.i- 522,7e7 voLO 3 7 I P60598 , - , , 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 ' trt 060 11 9 0 00 08si p , vet." ggp M C /c,c. 0 • 1n,.../1 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 1 -A- 90 Pi *** • •• 6 iS.4 ia,i4Co4o. i„,010111111111111111P 0 1,,„ 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