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HomeMy WebLinkAbout3128 Ordinance. - .. - .. 4. ORDINANCE NO.31CS;) AN ORDINANCE assigning zoning to certain real property within the City of Pasco Whereas on August 17, 1995 the Planning Commission of the city of Pasco conducted a public hearing to develop a recommendation for the assignment of zoning to certain real properties in the event those properties were incorporated within the City of Pasco, and Whereas on September 5, 1995 Ordinance # 3107, effectively annexed certain real property to the City of Pasco, NOW, THEREFORE' THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. That the following described area, situated in Franklin County, Washington to-wit (A) The following tracts shall be designated "I-2" Medium Industrial and conditioned by Concomitant Agreements prohibiting Junk/salvage yards The northwest quarter of Section 7, Township 9 North, Range 30 East W M , lying east of the westerly right-of-way line of Oregon Street AND the northeast quarter of Section 7, Township 9 North, Range 30 East W M, lying north of the north right-of-way line of Foster Wells Rd AND the southeast quarter of Section 6, Township 9 North, Range 30 East W M, lying west of the easterly right-of-way line of State Highway 395 AND that portion of the southwest quarter of Section 5, Township 9 North, Range 30 East W M, lying west of the easterly right-of-way line of Highway 395 EXCEPT the following described property Approximately 5 acres in the southeast quarter of Section 6, Township 9 North, Range 29 East W M described as follows Beginning at the center of said section and the True Point of Beginning, thence south 89° 34' east along the east-west centerline of said section, 551 10', thence south 04° 08' west paralell with the north-south centerline of said section, 230', thence 89° 34' west, 40', thence south 47° 15' west, 410 36', thence north 89° 34' west parallel with the east-west centerline of said section, 230' to the north-south centerline of said section, thence north 04° 08' east along said north-south centerline, 511 37' to the True Point of Beginning, together with access and utility easement over the west 30' and south 30' of the southeast quarter of said section as depicted in the map attached hereto and identified as Exhibit "1", be and the same is hereby assigned the 1-2 (Medium Industrial) district classification (B) 2 The following tract shall be designated "I-1" Light Industrial: Approximately 5 acres in the southeast quarter of Section 6, Township 9 North, Range 29 East W M described as follows Beginning at the center of said section and the True Point of Beginning, thence south 89° 34' east along the east-west centerline of said section, 551 10', thence south 04° 08' west paralell with the north-south centerline of said section, 230', thence 89° 34' west, 40', thence south 47° 15' west, 410 36', thence north 89° 34' west parallel with the east-west centerline of said section, 230' to the north- south centerline of said section, thence north 04° 08' east along said north-south centerline, 511 37' to the True Point of Beginning, together with access and utility easement over the west 30' and south 30' of the southeast quarter of said section as depicted in the map attached hereto and identified as Exhibit "1", be and the same is hereby assigned the I-1 )Light Industrial) district classification Section 2. That any and all zoning maps be and are hereby amended to conform to the aforesaid assignment of zoning 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 lg of 1995 Catherine Seaman, Deputy City Clerk APPROVED AS TO FORM Leland B Kerr, Intenum City Attorney 0 1 "EXHIBIT #1" , - _ 1-2 (Me -c-lium IndustrialY / 7 / Annexation Area , , WO so um .11 me n / CONCOMITANT ZONING AGREEMENT WHEREAS, the City of Pasco, Washington, a non-charter code city, under the laws of the State of Washington (Chaptei 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 jthisdiction, 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 4312(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 1 -2 (Medium Industrial) and in consideration of that event should it occur, and subject to the teims and conditions hereinafter stated, the applicant does heteby 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) Junkyaids, automobile wrecking yards, scrap iron, scrap paper, or rag storage, sorting or bailing 5 Legal Description CONCOMITANT ZONING AGREEMENT-Thanksgiving Limited Partnership Tract 2- in the southeast quarter of Section 6, Township 9 North, Range 29 East W M lying south and west of the lines described as follows Beginning at the south quarter corner of section 6, thence south 88 ° 54' east, 661' to the True Point of Begining, thence north 04 ° 08' east, 661', thence north 88° 54 west, 661' to the west line of the southeast quarter and terminus of said line EXCEPT Lot 1 Short Plat 77-26 and subject to 30' access and utility easement 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 (8/9 w/a 6 /w/ve Liff /new everivEitshw o dend, (2,4,e7,veet_ STATE OF WASHINGTON) ) ss County of Franklin ) ,,, o On .,thi s t t h i v , A46-7r s day personally appeared before me to me known to be the individual(s) who Kcenr r. 1 executed the within and foregoing instrument on the lines above their/his typed names and acknowledged they/he signed the dvS7t2.1/ iv e•ur-as their/his free and voluntary act and deed for the uses and purposes therein mentioned , s T jpiven under my hand and offi ial seal of .-)/ day of 1995 . , • sion ,. ..•_-1, .n' a.V.1 1,$) !,. )11- &771-44—* ,0 111111111 //, ara .......... : ej rs.' 1 frUaLtt. Ni. 41 sst°44!".• . 1 ''''''''''''''' t Af WAS • "lilt t * NOTE: The other five agreements are the same as this one except for the legal description otary Public in and for the sate of Washington, residing at AS co CONCOMITANT ZONING AGREEMENT-Thanksgiving Limited Partnership FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 PAS PO BOX 293, 525 NORTH 3RD AVE , PASCO, WASHINGTON 99301 womi11111111111111111 om p December 19, 1995 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) Nos 3122-3130 on the following date December 24, 1995 Please send two (2) Affidavits of Publication for each Thank you, Catherine D Seaman, Deputy City Clerk 545-3402 cds * No attachments or maps included AFROAVUT OF PO gSCATO) COUNTY OF BENTON SS STATE OF WASHINGTON GERAL El WAL L , 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 #1 P":1 ORD INANCF NO -188 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 _1,11LeAL' , and ending on 1P/P4/cic, , and that said newspaper was regulary distributed to its subscribers during all of this period SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF , moio.acreilice,..9:04,0,00,, .= v-1' s c.n ":" z ic, ,t i ttst OTA Ft v ) - ... --_ : .::::, ‘...4,41PU BOG I ,0P1 g .4, oz. s . 1._-.° ington, residing at 1::: Notary public in and for the State of Wash- I- ENI\IE W I (11- .., Re,H 2 , 17 - ..‘,N, S. COMMISSION EXPIRES ii--. i op / :1:4 '1#441 ?0,l'ilg liaS C -00 . (E,\10, ZtV _Po BOX 2608 . PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 LEGAL ADVTllIN(2 INVOICE SOLO TO pAscn, CITY OF LEGALS F.O. BOX 29: PASCO WA ::P:470 1 DATE 12//i LEGAL NO 1 t37 ACCOUNT NO '1 0550 DESCRIPTION *P18 :4 7 ORDINANCE NO - 1 p. TIMES ()c)j INCHES .1 00 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 11 17 ORDWANCE NO 3128 A I N ORDiNANCE-^assigningi zoning to certain real prop- erty within the City of Pasco Whereas on August 17 1995 the Planning Com- mission of the city of Pasco conducted a public hearing to develop a recommenda tion for the assignment of zoning to certain real prop erties in the event those properties were incorpo- rated within the City of Pasco and Whereas on September 5 1995 Ordinance # 3107 effectively annexed certain real property to the City of Pasco NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO DO , ORDAIN AS FOLLOWS 'Section 1 That the follow ing described area sit- uated in Franklin County Washington to-wit (A) The following tracts shall be designated 1 2 Medium Industrial and con , ditioned by Concomitant lAgreements prohibiting ;Junk/salvage yards I The northwest quarter of I Section 7 Township 9 1 North Range 30 East W M lying east of the westerly right-of-way line of Oregon Street AND the northeast quarter of Sec- tion 7 Township 9 North Range 30 East W M lying north of the north right of , way line of Foster Wells I Rd AND the southeast quarter of Section 6 Town- ship 9 North Range 30 East W M lying west of the easterly right-of-way line of State Highway 395 AND that portion of the southwest quarter of Sec- tion 5 Township 9 North ,m ANCE Range 30 East W M lying F west of the easterly right- of-way line of Highway 395 EXCEPT the following de- scribed property Approximately 5 acres in the southeast quarter of Section 6 Township 9 North Range 29 East W M described as follows Be- ginning at the center of said section and the True Point of Beginning thence \ south 89°34 east along the east west centerline of said section 551 10 thence south 04°08 west parallel with the north south center line of said sedipin 230 thence 0°34 %/Yost 40 thence south 4715 west 410 36 thence north 89°34 west parallel with the east-west centerline o f said section 230 to the north-soulh centerline of said section theAe north 04° 08 east along said north-south centerline 511 37 to the True Point of Beginning together with access and utility ease ( ment over the west 30 and south 30 of the southeast quarter of said section as depicted in the map at- tached hereto and identi- fied as Exhibit 1 be and the same as hereby as- signed the 1-2 (Medium In- dustrial) district classifica- tion (B) The following tract shall be designated 1-1 Light Industrial Approximately 5 acres in the southeast quarter of Section 6 Township 9 North Range 29 East W M described as follows Be- ginning at the center of said section and the True Point of Beginning thence south 89°34' east along the east-west centerline of said section 551 10 thence south 04°08 west paralle l with the north south center- line of said section 230 thence 89°34 west 40 thence south 4715 west 410 36 thence north 89°34 west parallel with the east-west centerline of said section 230 to the north-south centerline of said section thence north' 04°08 east along said north-south centerline 511 37 to the True Point of Beginning together with access and utility ease- ment over the west 30 and south 30 of the southeast quarter of said section as depicted in the map at- tached hereto and identi- fied as Exhibit 1 be and the same is hereby as- signed the 1-1)Light Indus- trial) district classification Section 2 That any and all zoning maps be and are hereby amended to con- form to the aforesaid as- signment of zoning 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 18 of Dec 1995 -s- Joyce DeFelice Mayor ATTEST s- Catherine D Seaman Deputy City Clerk Approved as to form -s- Leland B Kerr Interim City Attorney #1897 - 12/24/95 \11, BEc 2 9 1995 EFT fekl.kK YI'Y —IND '<HT JOUDHAL— >i<f(ti.i ,f(yKi<fhic DATE DEC-19-1995 ficKfi- TIME 07 25 i<Yki'FYY DATE/TIME = DEC-19-1955 07 20 JOURNAL Ho = 10 COMM RESULT = OK PAGECS) = 012 DURATION = 00 05'02 FILE Ho MODE = TRANSMISSION DESTINATION = <01> / 9 582 1453 / TCH RECEII)ED ID = / 15095821453 RESOLUTION = STD —CITY OF PASCO FINANCE 10-gt—KKKRKI<Kf ri<Ki.M<EkitKi0,--Kkic-1 ,1<i<g — — Fkgick — 1 509 544 3082— 1.(1(1<lsILK*1,K v0L0385 P604 I I 52815? 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 1-2 (Medium Industrial) 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) Junkyards, automobile wrecking yards, scrap iron, scrap paper, or rag storage, sorting or bailing 5 Legal Description 528157 CONCOMITANT ZONING AGREEMENT- Sterrult i , - v 0 L0385 P60412 5;:5157 The southeast quarter of Section 6, Township 9 North, Range 29 East W M EXCEPT Tract 2- in the southeast quarter of Section 6, Township 9 North, Range 29 East W M lying south and west of the lines described as follows Beginning at the south quarter corner of Section 6, thence south 88° 54' east, 661' to the True Point of Begining, thence north 04° 08' east, 661', thence north 88° 54 west, 661' to the west line of the southeast quarter and terminus of said line and subject to 30' access and utility easement AND Beginning at the center of said section and the True Point of Beginning, thence south 89° 34' east along the east-west centerline of said section, 551 10', thence south 04° 08' west paralell with the north-south centerline of said section, 230', thence 89° 34' west, 40', thence south 47° 15' west, 410 36', thence north 89° 34' west parallel with the east-west centerline of said section, 230' to the north-south centerline of said section, thence north 04° o8' east along said north-south centerline, 511 37' to the True Point of Beginning, together with access and utility easement over the west 30' and south 30' of the southeast quarter of said section 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) 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 528157 ) ss ) CONCOMITANT ZONING AGREEMENT- Stemilt VOL0385 POO 1+13 528157 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 S4vArA or By STATE STATE OF WASHINGTON) ) ss County of Franklin ) On this . day personally appeared before me —LtiaNte. i**M-hiscmi to me known to be the Ste ee_i-a•rA 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 44- day of Ce.40bee 1995 Notary uJic in 4 for e St _00. of Washington, residing at (70,-Sco RECOROP.:D AT THE REQUEST OF City of Pasco FEB N 1212Pli °SG 528157 ZONA C CNPART FR CNT ' TOR )EPU '110 LA hiAll TO City of Pasco CONCOMITANT ZONING AGREEMENT- Stemilt 5281.S? _ v 0 L0385 P 6 014114 528158 9 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 me 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 1-2 (Medium Industrial) 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 9 The Owner(s) agrees to perform the terms set forth m 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) Junkyards, automobile wrecking yards, scrap iron, scrap paper, or rag storage, sorting or bailing 5 Legal Description 5 28158 CONCOMITANT ZONING AGREEMENT- Tilbury Cement Company v 0 L0385 no Los „ %-40 A9 N2 Parcel #6 described as follows That portion of the north half of Section 7, Township 9 North, Range 29 East W M commencing at the north quarter corner of said section, thence along the north line of the northeast quarter of said section, south 88° 54' east 259 36', thence south 40° 44' east, 493 16' radially to a point on a 50' radius curve to the left, thence south and easterly along said curve, 117 3' through a central angle of 134° 24' to a point of reverse curvature with a 20' radius curve to the right, thence along said curve 15 5' through a central angle of 44° 24', thence south 40° 44' east 236 06' to the True Point of Beginning, thence continuing south 40° 44' east 294 95' to beginning of a 20' radius curve to the right, thence along said curve 31 42' through a central angle of 90° 00' to a point on the northerly right-of-way line of Foster Wells Road, thence along said right-of-way line south 49° 15' west, 621 13', thence south 40° 44' east 25', thence south 49° 15' west, 25' to a point on said right-of-way and beginning of a 20' radius curve to the right, thence leaving said right-of-way along said curve 31 42' through a central angle of 90° 00', thence 40° 44' west 319 61', thence north 49° 14' east, 668 13' to the True Point of Beginning The person(s) whose names die subcnbeo herein do heieoy certif that they are tne sole holders of fee simple interest in the above-described property Owners STATE OF ASHINGTON) ) ss County of 0 n th i s d a y personally appeared before me bal A, I akav to me known to be the individual c8-Y who executed the withih,,and foregoing ,instrument on the lines above ttuedlhis typed names and acknowledged t12w5r/he signed the oth(11_1(11ty1e as tbr,rehis free and voluntary act and deed for the uses and purposes therein mentioned 11,-n, Gaven , under my hat214 ‘‘and official seal of day of 1, 19954 .174;z:‘..7)-----,Zr6 fOeo. ;,I -LiViD, if. - ' '0,01-Ar'?) ,' '';T43tary Public in and for the Ste trici ogWashington, residing at us. r P : g L •-) i 4°4t4017,\41,‘",st:444,:tit:ottl.:A::::s!,:::."‘f3'sRISTI L RIDER 5 28 158 CONCOMITANT ZONING AGREEMENT- Tilbury Cement Company VoLO 3 8 5 P6014 6 SZ,S 2ss 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 STATE OF WASHINGTON) v s personally appeared before me to me known to be of the corporation that executed the 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 e ,ecuce saia instrument 1995 Given under my htivrqrirortkil seal this foc cti„Wash •otty.„,-,..„,s4*, ck7o, tt c <\ ‘ ,,,,,,, .. t klowamszt.%'"I" \\OTAR YAP OP /76B°71..Vi w kiff KRISTI L RIDER • ,,,, i t ef, ot Public in and for the .tate ington, residing at 3 --eAt I )'1111 day of REOORliEb AT T REQUES] OF CIty of Pasco FEB N ft 13 PH '96 548158 ZONA C LENPART ERA K IN ONTY AUDITOR DEPUT Lti 4AIL ity Pasco the within and foregoing instrument, a Owner CONCOMITANT ZONING AGREEMENT- Tilbury Cement Company 528158 MO 3 8 5 Ps 0 14 I 1 58153 ? 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 1-2 (Medium Industrial) 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 0 4 Conditions The following uses shall be prohibited 1) Junkyards, automobile wrecking yards, scrap iron, scrap paper, or rag storage, sorting or bailing 5 Legal Description 548 1:55 CONCOMITANT ZONING AGREEMENT-Thanksgiving Limited Partnership FRA )EPUT 4A11.. TO V0L0385 P60418 52815'S Tract 2- in the southeast quarter of Section 6, Township 9 North, Range 29 East W M lying south and west of the lines described as follows Beginning at the south quarter corner of section 6, thence south 88° 54' east, 661' to the True Point of Begining, thence north 04° 08' east, 661', thence north 88° 54 west, 661' to the west line of the southeast quarter and terminus of said line EXCEPT Lot 1 Short Plat 77-26 and subject to 30' access and utility easement 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 78"4r43 6 /k/N6 Ltio/ Teo etier/veftsmita 626--.tv AzTaden. STATE OF WASHINGTON) County of Franklin e2 On ,thi s , day personally appeared before me /Code/yr /7. II PP677" 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 fivs7PLomeA,7-as their/his free and voluntary act and deed for the uses and purposes therein mentioned sz ip 3/ iven under my hand and offi ial seal of day of Hva //sr , 1995 t wAi mil,/ otary Public in and for the State of Washington, residing at AS ce s io)„:.. e .c.° RECORDED AT THE REQUEST OF OW of Pasco FEB14 122o NS 5281,55 ZONA C LENt'ART CNT AUD TOR LA of Pasco CONCOMITANT ZONING AGREEMENT-Thanksgiving Limited Partnership 528153 00 OTAAk *lief oaks:P.° ‘9/Se 8180949,f Walk. it 8 8 811000v R, V 0 L0385 PG0419 528160 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 4312(c), the State Environmental Policy Act, sho,uld 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 1-2 (Medium Industrial) 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) Junkyards, automobile wrecking yards, scrap iron, scrap paper, or rag storage, sorting or bailing 5 Legal Description 52816 0 CONCOMITANT ZONING AGREEMENT- Eden Mountian Management Co . Vo LO 3 8 5 PG 0 i4 2 0 SZ SI 6 0 That portion of the south half of the north half of Section 7, Township 9 North, Range 29 East W M lying northerly of the north right-of-way line of Foster Wells Road, easterly of Oregon Street right-of-way as it currently exists and westerly of east right- of-way line for the old Oregon Street prior to the first alignment of Primary State highway 11, (Including therein portions of Oregon Street no longer being used for road purposes 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) 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 ) ss ) 528160 CONCOMITANT ZONING AGREEMENT- Eden Mountian Management Co V01.0385 PG0421 548160 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 --(2/&---A 3 /12,ein)ve-/27 ,/t) r 65. STATE OF WASHINGTON) ) ss County of Franklin ) ----72/94)79-fee. On this day personally appeared before me L YA 1 4 i fr miaL to me known to be the ,Ohe c c-/-0/e- i-- in ,in .A.5 wz_ 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 saia corporation for tne 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 e°` day of 1995 Notary Public in and for the State of Washington, residing at 528160 RECORDED AT THE RF.OUE-ST OF City di Pasco FEB14 1Z 25111 I9S 54481.60 ZONA G LEHP,ART FRAGNTY AUDITOR ?4 WàCL t Pasco GItY CONCOMITANT ZONING AGREEMENT- Eden Mountian Management Co 9 . , V o LO 3 8 5 P G 0 it 2 2 4- 5-282.6n. 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 1-2 (Medium Industrial) 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 0 The following uses shall be prohibited 1) Junkyards, automobile wrecking yards, scrap iron, scrap paper, or rag storage, sorting or bailing 5 Legal Description ra Z 81 61 CONCOMITANT ZONING AGREEMENT- Wilbur-Ellis At VoLO 3 8 5 P6 0 14 2 3 VS161. The north half of Section 7, Township 9 North, Range 29 East W M lying north of the north right-of-way line of Foster Wells Road and east of the west right-of-way line of Oregon Street as it currently exists EXCEPT Parcel #6 described as follows That portion of the north half of Section 7, Township 9 North, Range 29 East W M commencing at the north quarter corner of said section, thence along the north line of the northeast quarter of said section, south 88 ° 54' east 259 36', thence south 40 0 44' east, 493 16' radially to a point on a 50' radius curve to the left, thence south and easterly along said curve, 117 3' through a central angle of 134 ° 24' to a point of reverse curvature with a 20' radius curve to the right, thence along said curve 15 5' through a central angle of 44° 24', thence south 40° 44' east 236 06' to the True Point of Beginning, thence continuing south 40° 44' east 294 95' to beginning of a 20' radius curve to the right, thence along said curve 31 42' through a central angle of 90° 00' to a point on the northerly right-of-way line of Foster Wells Road, thence along said right-of-way line south 49° 15' west, 621 13', thence south 40° 44' east 25', thence south 49° 15' west, 25' to a point on said right-of-way and beginning of a 20' radius curve to the right, thence leaving said right-of- way along said curve 31 42' through a central angle of 90° 00', thence 40° 44' west 319 61', thence north 49° 14' east, 668 13' to the True Point of Beginning AND EXCEPT That portion of the south half of the north half of Section 7, Township 9 North, Range 29 East W M lying northerly of the north right-of-way line of Foster Wells Road, easterly of Oregon Street right- of-way as it currently exists and westerly of east right-of-way line for the old Oregon Street prior to the first alignment of Primary State highway 11, (Including therein portions of Oregon Street no longer being used for road purposes AND EXCEPT Roads 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 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 528161 CONCOMITANT ZONING AGREEMENT- Wilbur-Ellis V0L0385 PG04214 lia 11 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 Wilbur-Ellis Company By A dfd_ STATE OF WASHINGTON) ) ss County of Franklin ) On this day personally appeared before me Louis W Meissner to me known to be the Manager of Special Projects 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 31st day of August 1995 ..12es". .. .°C24. 10-4,4 44N\ ,. • k ,......emis i t"-.... :0,10 6 44t. 0:::•-1, : ei istogitiThn 1 ill tl• : a : 0 0.44411 trn % 73 V.•' b ' k • . . . • I.+ °F WAS * ' Ikla 4/ ) Notary Public in and/f• the State of Washington, resi ing at Basin City RECORDEb AT' THE REQUE S T OF City of Pasco FEB ILI 12 zs PM '96 GZ81G1 ZONA C LENF1 ART FRAL. NTY AUDITOR DEPUT MAIL T City of Pasco CONCOMITANT ZONING AGREEMENT- Wilbur-Ellis 54811,611. VOL0385 PG0425 528162 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 1-2 (Medium Industrial) 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 The following uses shall be prohibited RECOR00 ATOFTHE 1) Junkyards, automobile wrecking yards, scrap iron, scrap paper, or ra RgE NIrEagS eT, sorting or bailing Gill of pasC 5 Legal Description FEB q 1Z 26 Fri 96 5z8160‹, Lot 2 Short Plat 77-26 )EPUT ,4AFILdRAZ ,104A0G EN T PAR 041-f AUDITOR 1 4. CO 5281G2 CONCOMITANT ZONING AGREEMENT- Bob Tippett &es, otary Public in and for the S te of Washington, residing at/9Sc.4 v0L0385 PG0426 riZSI,Gz 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 7;0767 /bye 'era At 4.) zyc, 4 STATE OF WASHINGTON) ) ss 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 thisday personally appeared before me goairnr 79, 7 I PRET?'" to me known to be the tett Es/ a e-..-7- of the corporation that executed the within and foregoing instrument, and acknowledged that said instrument to be the free and voluntary act and deed ofvoltootoppirlation for the uses and purposes therein mentioned and on oath stated that he was AgtaAchtoelevute said instrument Given under \ssion :04-1d 41-id '4104 seal this 3 7 "II day of igoaos r" 1995 :: °,..? 0 '"Ak .1 =', ,...2 i – —0— 9 ) % 00 if: , .te,,,,:.• U81.1 ,1,..•., :: S711:1144: t° e0F°11,-AOIS CONCOMITANT ZONING AGREEMENT-Bob Tippett 5 cc-4 81 6 2