Loading...
HomeMy WebLinkAbout3207 Ordinance - RecordedVOL° 14 I 0 P60 8 2 2 ORDINANCE NO.3 o7 relating to zoning and changing the classification of certain real property within the City of Pasco from BP (Business Park) to C-1 (Retail Business) and C-3 (General Business) with a concomitant agreement AN r eP •6.'‘ $3* ee 0.6 THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN aece. AS FOLLOWS: Section 1. That the zone classification of the following descnbed real property situated in Pasco, Franklin County, Washington to-wit Unreadabl e , Ongtnal That portion of the south half of Section 8, Township 9 North, Range 29 East, W M, situated in the City of Pasco, Franklin County, Washington, lying south of the south Right-of-Way line of Interstate Highway 182 and lying east of the following descnbed line Beginning at the southwest corner of said Section 8, thence along the south line of said section S 88°56'43" E, 1395 00 feet to the TRUE POINT OF BEGINNING, thence N 1°03'17" E, 550 00 feet, thence N 48°32'23" W, 277 02 feet, thence N 80°02'05" W, 171 00, thence N 37°51'59" W, 475 00 feet to the intersection of the south Right-of-Way of Interstate Highway 182 EXCEPT that portion of the south half of Section 8, Township 9 North, Range 29 East W M descnbed as follows Beginning at the southwest corner of said Section 8, thence N 0°57'45" E, 392 90 feet along the west line of said section, thence S 89°02'15" E, 60 00 feet to a point on the east Right-of-Way of Broadmoor Boulevard, thence continuing S 89°02'15" E, 204 72 feet, thence N 0°57'45" E, 27 00 feet to the begummg of a non-tangent, 540 00 radius curve to the left, the radius center of which bears N 0°57'45" E, thence along the arc of said curve 365 95 feet, through a central angle of 38°49'44", thence N 52°08'01" E, 548 33 feet to the beginning of a tangent curve to the nght having a radius of 960 00 feet, thence along the arc of said curve 1021 18 feet, through a central angle of 60°56'51", thence S 66°55'09" E, 762 14 feet, thence N 23°04'51" E, 80 00 feet to the TRUE OF POINT OF BEGINNING, thence N 23°04'51" E, 304 00 feet to the south Right-of-Way lme of Interstate Highway 182, thence S 66°55'09" E, along said Right-of- Way line, 187 56 feet, thence contmumg along said Right-of-Way line S 65°56'45" E, 839 61 feet, thence leaving said Right-of-Way line South 23°04'55" W, 289 74 feet, thence N 66°59'09" W, 1027 05 feet, more or less, to the TRUE POINT OF BEGINNING as depicted in the map attached hereto and identified as Exhibit "1", be and the same is hereby changed from BP (Busmess Park) to C-1 (Retail Busmess) t,‘ 538333 538533 Charles D Kilbury, :yor AFIEST 7 538333 V01.0410 PG 0823 Section 2. That the zone classification of the following described real property situated in Pasco, Franklm County, Washmgton to-wit That portion of the south half of Section 8, Township 9 North, Range 29 East W M described as follows Begirmmg at the southwest corner of said Section 8, thence N 0°57'45" E, 392 90 feet along the west line of said section, thence S 89°02'15" E, 60 00 feet to a point on the east Right-of-Way of Broadmoor Boulevard, thence continuing S 89°02'15" E, 204 72 feet, thence N 0 0 5745" E, 27 00 feet to the beginning of a non-tangent, 540 00 radius curve to the left, the radius center of which bears N 0°57'45" E, thence along the arc of said curve 365 95 feet, through a central angle of 38°49'44", thence N 52°08'0r E, 548 33 feet to the beginning of a tangent curve to the nght havmg a radius of 960 00 feet, thence along the arc of said curve 1021 18 feet, through a central angle of 60°56'51", thence S 66°55'09" E, 762 14 feet, thence N 23°04'51" E, 80 00 feet to the TRUE OF POINT OF BEGINNING, thence N 23°04'51" E, 304 00 feet to the south Right-of-Way line of Interstate Highway 182, thence S 66°55'09" E, along said Right-of- Way line, 187 56 feet, thence continuing along said Right-of-Way line S 65°56'45" E, 839 61 feet, thence leaving said Right-of-Way line South 23°04'55" W, 289 74 feet, thence N 66°59'09" W, 1027 05 feet, more or less, to the TRUE POINT OF BEGINNING as depicted in the map attached hereto and identified as Exhibit "1", be and the same is hereby changed from BP (Business Park) to and C-3 (General Business), as conditioned by a concomitant zoning agreement which is attached hereto and is identified as Exhibit "2" Section 3. That any and all zoning maps be and are hereby amended to conform to the aforesaid zone change Section 4. 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 6th of January, 1997 APP D AS TO FORM lo Catherine Seaman, Leland B Kerr, Deputy City Clerk City Attorney SaSsaa SMS33 V01.01410 P60824 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 junsdiction, and WHEREAS, the Owner(s) of certam property have applied for a rezone of such property descnbed below within the City's junsdiction, 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 m the City of Pasco, descnbed as follows (SEE PAGE 2, #5, LEGAL DESCRIPTION) WHEREAS, the Owner(s) have indicated willmgness to cooperate with the City of Pasco, its Planning Commission and Planning Department to insure compliance with the Pasco Zonmg Code, and all other local, state and federal laws relatmg to the use and development of the above descnbed property, and WHEREAS, the City, in addition to civil and cnmmal sanctions available by law, desires to enforce the nghts 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 -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 bmding on their heirs, assigns, grantees or successors in interest of the Owner(s) of the property herein descnbed 538333 S3E153 3 VOL0410 P 6 0825 4 Conditions A The development shall comply with the following requirements 1) The Front Yard Setback for all structures mcludmg fences shall be no less than fifteen (15) feet, 2) Fence heights shall be limited to six (6) feet, The following uses shall be prohibited 1) Commercial laundries, 2) Express offices, 3) Wholesale businesses, 4) Heavy equipment sales & service, 5) Warehouses (including mini-storage), 6) Landscape gardening & storage area for equipment and materials, 7) Mobile Homes sales and service, 8) Lumber sales business (meaning outdoor lumber yards), 9) Veterinarian Clinics for livestock, 10) Storage Containers as defined in P M C 22 12 750, 11) Autobody shops, 12) Pawnshops and Secondhand stores, 13) Adult Entertainment Establishments, 14) Off-Premise sign(s) 5 Legal Description That portion of the south half of Section 8, Township 9 North, Range 29 East W M descnbed as follows Beginning at the southwest corner of said Section 8, thence N 0°57'45" E, 392 90 feet along the west line of said section, thence S 89°02'15" E, 60 00 feet to a point on the east Right-of-Way of Broadmoor Boulevard, thence continuing S 89°02'15" E, 204 72 feet, thence N 0°57'45" E, 27 00 feet to the beginning of a non-tangent, 540 00 radius curve to the left, the radius center of which bears N 0°57'45" E, thence along the arc of said curve 365 95 feet, through a central angle of 38°49'44", thence N 52°08'01" E, 548 33 feet to the begmnmg of a tangent curve to the right having a radius of 960 00 feet, thence along the arc of said curve 1021 18 feet, through a central angle of 60°56'51", thence S 66°55'09" E, 762 14 feet, thence N 23°04'51" E, 80 00 feet to the TRUE OF POINT OF BEGINNING, thence N 23°04'51" E, 304 00 feet to the south Right-of- Way line of Interstate Highway 182, thence S 66°55'09" E, along said Right-of-Way line, 187 56 feet, thence continuing along said Right-of- Way line S 65°56'45" E, 839 61 feet, thence leaving said Right-of-Way line South 23°04'55" W, 289 74 feet, thence N 66°59'09" W, 1027 05 feet, more or less, to the TRUE POINT OF BEGINNING 538533 CONCOMITANT ZONING AGREEMENT PAGE 2 OF 3 4 53E1533 V0 1.014 I 0 PG0 82 6 The agent of the corporation whose name is subscribed herein does hereby certify that the corporation is the sole holder of fee simple mterest in the above-descnbed property Owner Broadmoor P , Byr, ,s,ser-07.4eV STATE OF WASHINGTON) Spokane.. ) ss , On this day personally appeared before me Reuel Swanson to me known to be the .er.re,A-ary 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 therein mentioned and on oath stated that he was authorized to execute said mstrument Given under my hand and official seal this rrilL" day of uari , 1997 —/ea.4u A-CC/24770 Notary Public in and for the State of Washington, residing at.910kaite.-- SZEIS33 County of Franklin CONCOMITANT ZONING AGREEMENT PAGE 3 OF 3 RETURN ADDRESS fSsco 'Pa' .&)c 2-ti3, PA5co WA q9301 VOLOL.lO PG0 8 2 1 5383 33 FRANKLIN COUNTY RECORDING Cover Sheet RECORDED AT THE RCQUEST OF City of Pasco FEB 13 12 34 97 538533 zew,f,LEtWAR T FRANKLIFI AlIDITOR 0EPt.f71 —eettu142-1,-2.-a-- MAIL 10 City of Pasco, FORM COMPLETED BY Lac r -k PHONE# 5`15 --.Sqqi PLEASE PRINT OR TYPE INFO MATION Document Title(s) (gr transactions contained therein) 1 (*TUNA LE #3Zt 7 2 3 4 Grantor(s), Assignor(s) (Last name first, first name, middle initials) 1 a c,i; 2 / 3 4 o Additional names on page of document Grantee(s), Assignor (s), Trustee (s), and or Beneficiary (s) (Last name first first name, middle initials) 1--Fttisizte U d f 140 ,re 2 3 4 o Additional names on page of document Legal description (abbreviated le lot, block, plat or section, township, range, qtr /qtr ) swill hali 0( Sec-h:o n 8 )Town 9 -ou/i-Te., z-9 VAdditional legal is on page / of document Auditor; s Reference Number(s) Include Year(s) of document(s) assigned or released Il) Audit r's Number - Volume Page o Additional numbers on page of document Assessor's Property Tax Parcel/Account Number Property Tax Parcel ID is not yet assigned 'tdit ional parcel numbers on page of documentd The Auditor/Recorder will rely on the information provided on the form The staff will not read the document to verify the accuracy or completeness of the indexing information 538533 s. —EXHIBIT "1" I JLJ ( / i ) I N__-• — I 4 Sh cinf (Plat ;"- SH RT PLAT 81 . 15 -4 • AP ari r ARAMBEll ,,131. '4 $ 6 ' _ 1Y , rry.awir Pi „,01011 111111 111111110 1100,,, r\i 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 January 7, 1997 Tr-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) No 3206-3207 on the following date January 12, 1996 Please send two (2) Affidavits of Publication for each Thank you, 1 cds * No attachments or maps included ********x***4<** —IND XMT JOURNAL— **************** DATE JAN-07-1997 **b** TIHE 09 55 *i<****4K DATE/TIME = JAN-07-1997 09 49 JOURNAL No = 30 COMM RESULT = OK PAGE(S) = 014 DURATION = 00 06'11 FILE No = MODE = TRANSMISSION DESTINATION = <01> / 9 582 1453 / TCH RECEIVED ID = / 1 509 582 1453 REEOLUT ION = STD —CITY OF PASCO FINANCE - *************************E***I(****** — — **r** — 1 509 544 3082— ic*******i< N - lotto ;1110" P 0 BOX 2608 PASCO, WASHINGTON 99302 2608 PHONE (509) 582 1500 ADVE2T11VM INVOICE SOLD TO F ASCO C I TY OF L EELS F .0 . BOX 297 F ASCII WA -.37,0 DATE O / cLEGAL NO StE252 ACCOUNT NO 50( DESCRIPTION #252 ORD I NANCF NO,. 7Pri7 AN TIMES 0‘ LINES „ TOTALL, $ VT7.D5 IMOTOGIE. This Is an Invoice for legal advertising space Please pay from this invoice as no statement will be rendered ORDINANCE NO 3207 AN ORDINANCE relating to zoni% and ch°1,1ging the Iclassification of certain real !property within the City of Pasco from BP (Business Park) to C-1 (Retail Busi- ness) and C-3 (General Business) with a concomi- tant 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 That portion of the south half of Section 8 Township 9 North Range 29 East W M situated in the City of Pasco Franklin County, Washington lying south of the south Right-of-Way line of Interstate Highway 182 an lying east of the follow- ing described line Beginning at the southweSt corner of said Section 8 thence along the south line of said section S 88°56 43 E 1395 00 feet to the TRUE POINT OF BEGIN- NING thence N 1°03 17 E 550 00 feet thence N 48°32 23 W 277 02 feet thence N 80°02 05 W 171 00 thence N 37°51 59 W 475 00 feet to the inter- section of the south Right of-Way of Interstate High- way 182 EXCEPT that portion of the south half of Section 8 Township 9 North Range 29 East W M described as follows Beginning at the southwest corner of said Section 8 thence N 0°57 45" E 392 90 feet along the west line of said section thence S 89°02 15 E 60 00 feet to a point on the east Right- of-Way of Broadmoor Bou levard thence continuing S 89°0215 E 204 72 feet thence N 0°57 45 E 27 00 feet to the beginning of a non tangent 540 00 radius curve to the left the radius center of which bears N 0°57 45 E thence along the arc of said curve I 365 95 feet through a cen- tral angle of 38°4944 thence N 52°08 01 E 548 33 feet to the begin fling of a tangent curve to the right having a radius of 960 00 feet thence along the arc of said curve 1021 18 feet through a central angle of 605651 thence S 665509 E 762 14 feet thence N 23°04 51 E 80 00 feet to the TRUE OF POINT OF BEGINNING thence N 23°04 51 E 304 00 feet to the south Right-of-Way line of Interstate Highway 182 thence S 66°55 09 E along said Right-of-Way line 187 56 feet thence continuing along said Right-of-Way line S 65°56 45 E 839 61 feet thence leaving said Right of-Way line South 23°04 55 W 289 74 feet thence N 66°59 09 W 1027 05 feet more or less to the TRUE POINT OF BEGINNING as depicted in the map at- tached hereto and 'dent' fled as Exhibit 1 be and the same is hereby changed from BP (Busi- ness Park) to C-1 (Retail Business) Section 2 That the zone classification of the follow- ing described real property situated in Pasco Franklin County Washington to-wit That portion of the south half of Section 8 Township 9 North Range 29 East W M described as follows Beginning at the southwest corner of said Section 8 thence N O5745 E 392 90 feet along the west line of said section thence S 89°02 15 E 60 00 feet to a point on trie east Right- of-Way of Broadmoor Bou levard thence continuing S 89°02 15 E 204 72 feet thnnce N 0°57 45 E 270 Please detach at perforation and return with payment AFFOAVITY ME3ASCALLr'1100 COUNTY OF BENTON SS STATE OF WASHINGTON ECM E JAN 21 1997 ' I. I M BECOLD , 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 #252 OFT I NANCE NO . :207 AN 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 01 / J 2/97 , and ending on 0 J /12/ 7 , and that said newspaper was regulary distributed to its subscribers during all of this period SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF WC/ 9 2!)21x7e: „rid, otary public in and for Me il-Sifte Wash- ington, residing at Kennewic k COMMISSION EXPIRES 00 11 , center o w 0 0 57 45 E thence along the arc of said curve 365 95 feet through a cen- tral angle of 38°49 44 thence N 52°08 01 E 548 33 feet to the begin ning of a tang'ent'curve to the right having a radius of 960 00 feet thence along the arc of said curve 1021 18 feet through a central angle of 60°56 51 thence S 66°55 09 E 762 14 feet thence N 23°04 51 E 80 00 feet to the TRUE POINT OF BE- GINNING thence N 23°04 51 E 304 00 feet to the south Right-of-Way line of Interstate Highway 182 thence S 66°5509 E along said Right-of-Way line 187 56 feet thence continuing along said Right of Way line S 65°56 45 E 839 61 feet thence leaving said Right- of Way line South 23°04 55 W 289 74 feet thence N 66°59 09 W 1027 05 feet more or less to the TRUE POINT OF BEGINNING as depicted in the map at- tached hereto and identi- fied as Exhibit 1 be and the same is hereby changed from BP (Busi- ness Park) to and C 3 (General Business) as conditioned by a concomi tant zoning agreement which is attached hereto and is identified as Exhibit 2 Section 3 That any and all zoning maps be and are hereby amended to con- form to the aforesaid zone change Section 4 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 6th of January 1997 -s- Charles D Kilbury ' Mayor Approved As To Form -s- Leland B Kerr City Attorney Attest -s- Catherine Seaman Deputy City Clerk ..#252.1/12/97