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Home My WebLink About3152 OrdinanceAPP S TO FORM 7-‘ ORDINANCE NO. AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from R-S-12 (Residential Suburban) 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 The northeast quarter of the northeast quarter of the northeast quarter of Section 26, Township 9 North, Range 29 East W M EXCEPT the west 182 23 feet thereof and, EXCEPT the east 295 16 feet thereof and, EXCEPT the north 330 feet thereof as depicted in the map attached hereto and identified as Exhibit "1", be and the same is hereby changed from R-S-12 (Residential Suburban) to C-1 (Retail Business), as conditioned by a concomitant zoning agreement which is attached hereto and isidentified 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 1s + of_A;_j_, 1996 A I EST / 61207 Catherine Seaman, Deputy City Clerk Leland B Kerr, Interim City Attorney 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, 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 described 4 Conditions A The parcel legally defined below shall be combinded with the parcel containing the current Bi-State Siding building (1310 Rd 36), B Access from Rd 37 to this property shall be prohibited, C The 6 foot continuous solid screen, as required by the Municipal Code shall be made of masonary block or wood, .• 1 Given under my hand and official seal this ,1 / day of Not ublic in and for t of W ington, residing a 96 5 Legal Description The northeast quarter of the northeast quarter of the northeast quai ter of Section 26, Township 9 North, Range 29 East W M EXCEPT the west 182 23 feet thereof and, EXCEPT the east 295 16 feet thereof and, EXCEPT the north 330 feet thereof 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) ss 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 1996 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 a ve-desc be. eroperty, Owner By 'Ord ra a-cf (STATE OF WASHINGTON) (County of Franklin) ss On this day personally appeared before me ri Pt P C4 r,' vi d?1,J ( eic. P4Ahuo - te 16d. d et.‘,) -of the corporation Tqciol 05) to me known to be the ea S r e rot P.( L that executed the within and foregont 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 r411611. CITY `0E - PASCO FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 PO BOX 293, 525 NORTH 3RD AVE , PASCO, WASHINGTON 99301 111111111 11 11 11 111 1 1 1111 1111 1 1 11111 1 111 April 9, 1996 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) No 3152 on the following date April 14, 1996 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 Notary public in and for the State o Wash- ington, residing at h t- HI-AND , COMMISSION EXPIRES (btlISA P 0 BOX 2608 *60 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 - LL DVEPTAMO INVOICE SOLD TO F 1qC0 C T TY OF LI GALS EiJ< 297 F PSCO Wfi 74:4-01 WI '14 /'..4 r DATE LEGAL NO ACCOUNT NO 5(1 '1'1.-11) DESCRIPTION 44e oF D I NANCE NO . 15P A TIMES ( )(-} 1 INCHES 1'7' " ) EMOVIICIE 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 AFY110AFTir PUEM11T11 COUNTY OF BENTON SS STATE OF WASHINGTON E TM RE,.:01_ D RFRIF11N1r2 0 APR 1 9 1996 OE:P ir A , 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 ORD 'NANCE NO . L r - • ,2 A copy of a 4*(-• as it was printed in the regular and entire issue of the Tr-City Herald )4/ 1/4 / ": 1 itself and not in a supplement thereof, time(s), commencing on 0 , and ending on Ci4 / I LI / 9f- , and that said newspaper was regulary distributed to its subscribers during all of this period K c.-rne.0,50a SUBSCRIBED AND SWORN BEFORE ME THIS I -1 0-1 ORDINek NCEL NO 3152 AN OFDINAKIsE relating to zonitig and changing the classification of certain real property within the City of Pasco from R-S-12 (Resi- dential Suburban) 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 follow- ing described real property situated in Pasco Franklin County Washington to-wit Legal The northeast quer ter of the northeast quarter of the northeast quarter of ,Section 26 Township 9 'North Range 29 East W M EXCEPT the west 182 23 feet thereof and EXCEPT the east 295 16 feet thereof and EXCEPT the north 330 feet thereof as depicted in the map at- tached hereto and identi- fied as Exhibit 1 be and the same is hereby changed from R 5-12 (Residential Suburban) to C 1 (Retail Business) as conditioned by a concomi- tant zoning agreement which is attached hereto and 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 alter passage and publication as required by law PASSED by the City Coun- cil of the City of Pasco, this 1st of April 1996 -s- Charles D Kilbury Mayor ATTEST -s- Catherine Seaman Deputy City Clerk Approved As To Form -s- Leland B K6-1- Interim aty Attorney #609 4/14/96 ******>1******** —IND XMT JOURNAL— **************** DATE APR-09-1996 ***** TIME 09 18 ******** DATE/TIME = APR-09-1996 09 17 JOURNAL No = 03 COMM RESULT = OK PAGE(S) = 002 DURATION = 00 00'48 FILE No = MODE = TRANSMISSION DESTINATION = <01> / 9 582 1453 / TCH RECEIVED ID = / 1 509 582 2143 RESOLUTION = STD —CITY OF PASCO FINANCE - tttrntttYett*t**Mt***9 1—R*11 -'t — — *ve'vq0F — 1 509 544 3082— *t****t**