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
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Sh cinf (Plat
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ARAMBEll
,,131. '4 $ 6 ' _
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„,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