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Home My WebLink About3186 Ordinance - Recorded-441/ Charles D Kilbury, Ma or Al 'EST Catherine Seaman, Deputy City Clerk V 01-04 05 PG0 214 3 5368'57 Alternate "B" ORDINANCE NO. 3 IZSG 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-3 (General 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 north 286 feet of the west half of the northeast quarter of the northeast quarter of the southwest quarter of Section 25, Township 9 North, Range 29 East W M EXCEPT Roads, 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-3 (General 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 / e of /(4') , 1996 RECORDED AT THE REQUEST OF City of raw* Nov 20 RI so AM '96 c5P§AP Ils.64‘. P co FR OF.PU HAIL TO 536857 V 01.0405 PG024 1-1 Of-A ‘ocutr,c- ...18C. 5368 157 EXHHIT "1" SITE HENRY In a < 0 cK MARGARET i I 536B57 VOLO L: 0 5 PG0 214 5 E-,k,b,+ a 53,6857 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 cnminal 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 A The west ten (10) feet of the property abutting Rd 34 shall be developed with landscaping, B The following land uses shall be prohibited, Heavy equipment sales and service Mobile Home sales and service Landscape gardening and storage area for equipment and materials Lumber sales business 536857 VoL04. 05 PG0246 5:168;-07 A ten (10) foot landscape buffer and a six (6) foot sight-obscuring fence shall be erected along the southern and eastern property lines Access to Rd 34 shall be 'reviewed and approved through the site plan process 5 Legal Description The north 286 feet of the west half of the northeast quarter of the southwest quarter of the northwest quarter of Section 25, Township 9 North, Range 29 East W M 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) (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 above-described property , Owner c , C—Itat„, By (STATE OF WASHINGTON) (County of Franklin) ss On this day personally appeareq before me )n( &LiCAO Y .\ to me known to be the n LU Th r cLor\c--Arc of the corporation that executed the within and foregoing uistrumènt, and acknowledged that said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein saGas7 voLO 0 5 PG0 2 4 7 536857 mentioned and on oath stated that he was authorized to execute said instrument Gwen under my hand and official seal this i 1day of 00 (,), , 1996 re 4n 10/t2 /fr ,t0 (7)-efiwtaAA ) Notary Public in and forthe S ate , of Washington, residing at - r.c 53685? Charles D Kilbury, Ma or ATTEST. FR DEPU HAIL TO zo PIC)i§A57 TYAIIDITOR VOW 1: 0 5 PG0 2 3 536857 Alternate "B" 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-3 (General 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 north 286 feet of the west half of the northeast quarter of the northeast quarter of the southwest quarter of Section 25, Township 9 North, Range 29 East W M EXCEPT Roads, 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-3 (General 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 AA , 1996 Catherine Seaman, Deputy City Clerk APPD3 AS TO FORM. —Leland B Kerr, City Attorney 00 1,101 0" vi sc9 ... /41 41:4 4. ely CJ , ikrie/4„: 3 , ' ,‘Irgi /51 /,••• ........ • p. • -.4re RECORDED AT THE REQUEST OF city of Pasco. Nov 20 10 se AN '96 City of Pasco- 536851'7 SITE HENRY MARGARET 70L0 1-: 05 F 3 0 2 I.-; 14 53.685'7 Crrk 1 rncx,n c Ct_ ... V( EXHIBIT "1" , 1 I 10. 536857 13LO L : 05 730 2 5 h 536857 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 Planmng Commission and Planning Department to insure compliance with the Pasco Zomng Code, and all other local, state and federal laws relating to the use and development of the above described property, and WHEREAS, the City, m 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 m 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 m interest of the Owner(s) of the property herein described 4 Conditions A The west ten (10) feet of the property abutting Rd 34 shall be developed with landscaping, The following land uses shall be prohibited, Heavy equipment sales and service Mobile Home sales and service Landscape gardening and storage area for equipment and materials Lumber sales business 536857 By i'1/470 b 6857 A ten (10) foot landscape buffer and a six (6) foot sight-obscunng fence shall be erected along the southern and eastern property lines Access to Rd 34 shall be reviewed and approved through the site plan process 5 Legal Description The north 286 feet of the west half of the northeast quarter of the southwest quarter of the northwest quarter of Section 25, Township 9 North, Range 29 East W M 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) (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 above-described property Owner (STATE OF WASHINGTON) (County of Franklin) ss On this day personally appearei: before me P X \ ?_)1 U. JC*0 r\ to me known to be the (-) LOC\ a r cx.00\c- in\-- of the corporation that executed the within and foregoing i strumtht, and acknowledged that said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therem 536857 J1-0403 :3 0 2 1; 7 536857 mentioned and on oath stated that he was authorized to execute said instrument Given under my hand and official seal this day of Or) L) , 1996 Ca71:?:--17—A A 4,1 -42,6 SI-Pg 11- LLICA.A, Notary Public in and for theAtate , of Washington, residing at tr-pik-lOLC,c 536857 00100111111 1 1111111111111 o w o o Catherine D Seaman, Deputy City Clerk 545-3402 FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 PO BOX 293, 525 NORTH 3RD AVE , PASCO, WASHINGTON 99301 November 19, 1996 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) No 3186 - 3190 and Summary of Ordinance No 3191 on the following date November 24, 1996 Please send two (2) Affidavits of Publication for each Thank you, cds * No attachments or maps included tts% Crt Ittkl BOX 2608 PASCO, WASHINGTON 99302 2608 PHONE (509) 582-1500 LEOAL ADVE27110110 ,2 INVOICE SOLD TO PAqC0 C T TY OF I- (-GALS FO BOX 2ci:: FABCO WA 9;701 DATE 1 1 / / LEGAL NO #=!:7) •:) ACCOUNT NO tlo r '50 DESCRIPTION TIMES On LINES '1 30 ORDINANCF NO 71P1 -._ DaCDTOCE 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 AFFRDAVilY Pagt315CALY'1100 COUNTY OF BENTON SS STATE OF WASHINGTON rinfOcEIVE uu DEC 02 11 1 I PI , being duly sworn, deposes and says, I am the Legal Clerk of the Tri-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 #28 ORLI I NANCE- NO t a6 copy of a 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 11 /2 '47L-If: , and ending on 1 1 / / DE- , and that said newspaper was regulary distributed to its subscribers during all of this period ORDINANCE NO 3186 Alternate B" r AN oecats3Ar,E relating to zoning and c'ianging the lassification of certain real , property with the City of 1 asco from R-S-12 e3sid(latinael rZubEyarbsagstso) \ with a concomitant agree- m nt TRE CITY COUNCIL OF TI-t CITY OF PASCO DO ORD A IN AS FOLLOWS s tion 1 That the zone cla sification of the follow - ing Idescribed real property situated in Pasco Franklin Cou ty Washington to-wit Leg8l Thenorth 286 feet of the Ie5t half of the north- east quarter of the south- west puarter of Section 25 Town hip 9 North Range 29 at W M EXCEPT 1 Road as de icted in the map attached hereto and identi- fied as xhibit 1 to be and the s me is her eby change from R-S-12 glsAeenn _i arla 1 S Business) ubu r n at to conditionad by a concomi - tant zoring agreement which is ttached hereto \ and is ide titled as Exhibit zfoornmingto hereby amended to con 2 hat any and all zoaoree Section 2 mthae sfobreesaaindd \ change Section 3 is ordinance shall be in f H force and effect after assage and publication as required by law PASSED by the City j Council of t City of I Pasco this 1 h day of November 199 ,-s-Charles D Mayor ATTEST Cath Seamarb Deputy APPROVED A FORM Leland B Attoey ; : • rn • Kilbury rine D ity Clerk TO rr City SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF Myt0 .14,_ Adz Notary public in an loil_tin ;pitate ington, residing at Kennewick COMMISSION EXPIRES f i f /00 * , 1 ***********T*** —IND XMT JOURNAL— *t*T*4****1,****4 DATE NOV-19-1996 ***** TIME OE 59 >144 ,***** DATE/TIME = NOV-19-1996 08 49 JOURNAL No = 04 COMM RESULT = OK PAGE(S) = 022 DURATION = 00 09'13 FILE No = MODE = TRANSMISSION DESTINATION = <01> / 9 582 1453 / TCH RECEIVED ID = / 1 509 582 1453 RESOLUTION = STD —CITY OF PASCO FINANCE _ f**-M4**11<t****M******1****W****** - - *MI - 1 509 544 3082— ****1,****