HomeMy WebLinkAbout3116 OrdinanceeFelice, Mayor
ORDINANCE NO 1G
AN ORDINANCE relating to zoning and changing the classification of certain real
property within the City of Pasco from R-3 (Medium Density
Residential) 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
Legal Lot 4, Henderson Addition and the south 130 feet of that portion of the
east half of the southeast quarter of the southeast quarter of the southeast quarter
of Tract 2, Section 19, Township 9 North, Range 30 East W M described as
follows
Beginning at a point on the south line 82 5 feet east of the southwest
corner of said subdivision, thence north parallel with the west line 299 7
feet, thence east parallel with the south line 100 feet, thence south
parallel with the west line 100 feet, thence east 16 5 feet, thence south
199 7 feet, thence west 100 feet to the point of beginning, EXCEPT
Court Street
as depicted in the map attached hereto and identified as Exhibit "1", be and the same is
hereby changed from R-3 (Medium Density Residential) to C-1 (Retail 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
PASSED by the City Council of the City of Pasco, this of A/CIU.
1995
Catherine Seaman, Deputy City Clerk
APPROVED AS TO FORM
GiTegeliktitello, City Attorney
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V0L0381 P60280 — 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 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 descnbed
4 Conditions REOORDED A't THE
REQUEST OF
The following uses shall be prohibited trt -Fa-0CD
1) Taverns, Nightclubs BEc 15 I 02111 'SS
526456
ZONA G LENNART
FRANKLIN CNTI AUDITOR
lEPUTI
4AIL TO
526456
• 5264S6
voLO 3 8 I P60 2 8 1
5 Legal Descnption
Lot 4, Henderson Addition and the south 130 feet of that portion of the east half of the
southeast quarter of the southeast quarter of the southeast quarter of Tract 2, Section
19, Township 9 North, Range 30 East W M described as follows
Begining at a point on the south line 82 5 feet east of the southwest corner
of said subdivision, thence north parallel with the west line 299 7 feet,
thence east parallel with the south line 100 feet, thence south parallel with
the west line 100 feet, thence east 16 5 feet, thence south 199 7 feet, thence
west 100 feet to the point of begnung, EXCEPT Court Street
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
STATE OF WASHINGTON)
) ss
County of Franklin )
On this day personally appeared before me
Durand ik) Cole. to me known to be the inclivIdmal(s) who
executed the within and foregoing instrument on the lines above timr/his.ti.'nameti and
acknowledged therfhe signed the _,./),_e as tfictr/his free and voluntary act and deed
for the uses and purposes therein mentioned
Given under my hand and official seal
,1995
Notary ic in and for the tate
of Washington, residing at IJ Lc)
, , 4 (1-2/
(.9 3rzel
day of
526456
LEGAL NO *1681 DATE 11/13/35
ACCOUNT NO c;05)
DESCRIPTION *16%81 ORD #11F. AN
TIPAES 001 INCHES 6.. 10
ex%
_IP 0 BOX 2608
PASCO WASHINGTON 99302 2608
PHONE (509) 582 1500 -
LEGAL ADVERTISING
INVOICE
ORDINANCE NO 3116
AN ORDINANCE relating
to zoning and changing the
classificaticC, of certain real
property within thd City of
Pasco from R-3 (Medium
Density Residential) to C 1
(Retail Business) with a
I concomitant agreement
ITHE CITY COUNCIL OF
I 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
Legal Lot 4 Henderson
Addition and the south 130
feet of that portion of the
east half of the southeast
quarter of the southeast
quarter of the southeast
quarter of Tract 2 Section
19 Township 9 North
Range 30 East W M de
scribed described as fol-
lows
Beginning at a point on the
south line 82'5 feet east of
the southwest corner of
said subdivision thence
north parallel with the west
line 299 7 feet thence east
parallel with the south line
100 feet thence south par
allel with the west line 100
feet thence east 16 5 feet
thence south 199 7 feet
thence west 100 feet to the
point of beginning EX-
CEPT Court Street
as depicted in the map at
tached hereto and identi-
fied as Exhibit 1 be and
the same is hereby
chan9ed from R-3 (Medium
D.:Insity Residential) to C 1
(Retail Business) as con
ditioned 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 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
6 of Nov 1995
s Joyce DeFelice Mayor
Attest
s- Catherine Seaman
Deputy City Clerk
Approved As To Form
s Greg •ubstJlo
City Attorney
#1681 - 11/13/95 A
SOLD TO
PASCO, CITY OF LEGALS
P.O. BOX 293
F ASCO WA 99301 TOTAL $ 71 ..7q
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
AF P A IT F UWCiTN
COUNTY OF BENTON
SS
STATE OF WASHINGTON
GFRAI fl WALL , 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
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 #i AR1 nRn #711E; AN 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 _LILL3/99 , and ending on
11 /1 :W99 , and that said newspaper was regulary
distributed to its subscribers during all of this period
SUBSCRIBED AND SWORN BEFORE ME THIS 76-
DAY OF
0(/
Notary public in and for the State of Wash-
ington, residing at I. FNNFWJ r
COMMISSION EXPIRES