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Home My WebLink About3197 Ordinance - Recordedof the Gi/ty of Pasco 'this 2nd of December, 1996 4/4, 0 1 4 *%. . 0 C i C 4 0 ":+4 T, . I v * NI Llt k PASSED by the City Council harles D Kilbury, Mayor ATTEST AP OVED AS TO F Leland err, City Attorney 5384Z 7 FP OFF HAIL Ity of Pasco / 7 VOW 14 9 P60 14 6 6 0 53 8 4 0:5117)7 ORDINANCE NO.3 N 7 AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from C-2 (Central Bussiness District) 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 Lots 10-19, Block 14, Gerry's Addition as depicted in the map attached hereto and identified as Exhibit "1", be and the same is hereby changed from C-2 (Central Business District) 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 publication as required by law in full force and effect after passage and RECORDED AT THE REQUEST OF , City of Pasco JAN 23 3 26 PEI '97 538427 ZOO C LEFiritPr ' EXHIBIT SITE a. *00' 041— '66 0 I \It 060 000 0 10 0 -0 • -17 /•'"' \ )/\///-/:/ / / 6- / / / 1\01( / S \JAC f 1 5384127 VOL0 1+09 P 6 0468 EXHIBIT #"2' 538427 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 authonty 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 mterested in compliance with the Pasco Municipal Code provisions relating to the use and development of property situated m 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-descnbed 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 538427 v0 1.04 0 9 PG0469 sas427 4 Conditions The following uses shall be prohibited (a) Membership Clubs (b) Taverns (c) Billiard & Pool Halls (d) Amusement game centers (e) Card rooms, Bingo Parlors, Dance halls (1) Sign shops (g) Veterinarian Clinics 5 Legal Description Lots 10-19 Block 14, Gerry s Addition The person(s) whose names are subscribed herem 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 withm 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 therem mentioned Given under my hand and official seal of day of , 1997 Notary Pubhc m and for the State of Washington, residing at CONCOMITANT ZONING AGREEMENT 538 (-1 27 PAGE 2 OF 3 Owner By n Given under my hand and official seal this Pro0)/11,61ag- , 19 „TA) day of VOL0409 P 8 0470 538342'7 The agent of the corporation whose name is subscnbed herein does hereby certify that the corporation is the o e sider of fee simple interest in the above-descnbed property STATE OF WASHINGTON) ) ss County of Franld.m p On this day personally appeared before me tio_I-lcdt.1 Octr i ErherS (& ot._ Evviii24 15 n 1.6?) to me known to be the a 0 of the corporation that executed the within and foregoing instrument, and acknowledged that said mstrument to be the free and voluntary act and deed of said corporation for the uses and purposes therem mentioned and on oath stated that he was authorized to execute said instrument Notary ubli thx te of Wa„ hingt CONCOMITANT ZONING AGREEMENT 5384;?,7 PAGE3 OF 3 111111 1 111 1111111 1 11111111111 1 111111111 FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 PO BOX 293, 525 NORTH 3RD AVE , PASCO, WASHINGTON 99301 December 3, 1996 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) No 3192, and 3195 - 3200 on the following date December 8, 1996 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 I 4**********4*** —IND XMT JOURNAL— **t*** ***1,4-***** DATE DEC-03-1996 *lisi ,ic TIME 03 26 *i(**v*** DATE/TIME = DEC-03-1996 08 22 JOURNAL No = 06 COMM RESULT = OK — PAGE(S) = 010 DURATION = 00 03'54 FILE No = MODE = TRANSMISSION DESTINATION = <01> / 9 582 1453 / TCH RECEIVED ID = / 1 509 582 1453 RESOLUTION = STD —CITY OF PASCO FINANCE - 1<*****1<***14+ - — ***** — 1 509 544 3082— ********* -00 w :;;;LD,..• _ P 0 BOX 2608 PASCO, WASHINGTON 99302-2608 PHONE (509) 582-1500 ADVEYMSOM INVOICE SOLD TO PASCO, CITY OF LEGALS P.O. BOX 297 F ASCO WA 99701 DATE 12 /o8 / 96 — LEGAL NO 449595 ACCOUNT N0 50550 DESCRIPTION ORDINANCE NO 71'97 AN TIMES (1°1 LINES Talal RIOTOCIE 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 b 1 PUE3LUCAT11005 COUNTY OF BENTON SS STATE OF WASHINGTON I.IM BET:OLD , 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 copy of a*9595 oRD I NANCE NO . .7197 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 127 °3 /96 , and ending on 12/03/96 , and that said newspaper was regulary distributed to its subscribers during all of this period RECEIVE DEC 17 MS frP \ORDINANCE NO 3197 AN ORDINANCE relating to zoninc and changing the classifica*i-ri of certain real property within the City of Pasco from 0-2 (Central I, Business District) to C-1 I (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 Lots 10-19 Block 14 Gerry s Addition as de- picted in the map attached hereto and identified as Ex- hibit 1 be and the same is hereby changed from C-2 (Central Business Dis- trict) to C 1 (Retail Busi- ness) as conditioned by a concomitant 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 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 2nd of December 1996 -s- Charles D Kilbury Mayor Attest -s- Catherine Seaman Deputy City Clerk Approved as to Form -s- Leland B Kerr City Attorney #9595 - 12/8/9 - •KI 13(y)47 SUBSCRIBED AND SWORN BEFORE IViE THIS DAY OF 1>i_. , I CPO / Notary public in artdifoglArkratje pAA ash- ington, residing at Kennewick COMMISSION EXPIRES (--)0 / 16/ 00