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Home My WebLink About3237 Ordinance - Recorded54Z'SSEI VOL() 2 I PG 0 I 9 8 RECORDED AT THE REQUEST OF City A Pasco An 18 2 31 Pll 9 97 542558 ZONA C F,RAHLI Ti flICR DE.PUTY t-MiL TO ORDINANCE N0393 77 City of Pasco AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from R-1 (Low Density Residential) 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 The North half of the Northwest quarter of the Southwest quarter and the Northeast quarter of the Southeast quarter of Section 21, Township 9 North, Range 30 East W M , lying South of Interstate 182/SR12 as depicted in the map attached hereto and identified as Exhibit "1", be and the same is hereby changed from R-1 (Low Density Residential) 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 and publication as required by law PASSED by the City Council of the City full force and effect five dari after Tia§5age • ' *- • of Pasco, this 2nd of JLIpe:',.1997 r 1 C14 C • •. (4.3 ' - "... .. **** ' APPROVED AS TO FORM Catherine Seaman, Leland B Kerr, Deputy City Clerk City Attorney 5 4tc?,sas ..e.... --!...- ,...............,-.....- ...--, ...5.- ...., --, ,- ---%•••-r. ••••.j..... ..- '::•.........., ..., ..... ...., ...--_,.. ..-, . _., •,,,..;.... ,...,...". •!...., % ....... - ,_!..- ../f. • ...‘ ---. ..-., f•-;7n•••.• :::-' "....---% ,.....% ---"%,...r."",,,...-- '''''. ........-;., ---,,.. ---- ,-. • ..,..... .......t: ...7.% ,....-• --- #T ...., ,--,-.... ..!...., -.1,'- , ____..., ,........:..._,,,„_..... ------..........___ i...- ...... • I" ---- ....-. ....., .. .....0 .--- • .....-. : 7..S1n7.. .....,, ...... ......7 ' ...,.... ....... ....- '''' S' '''''....n "'..-zri ..... r..".. c -,.... ..-....- r. ••••!,.... ...tr., ---_-...., ---- ..---- ....- ......- 4 ' S42558 V 0 L042 I P 6 0200 Exhibit "2" - 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 Mumcipal 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 Plamung Commission and Planrung 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, 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-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 54255a , ' 542558 VOL0 1421 P60201 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 A twenty (20) foot wide green belt consistent with the Wehe Avenue design, as approved by the City Manager or his designee shall be required to be developed along the southern property line in conjunction with property improvements abutting said southern property line B Maintenance of the green belt area shall be the responsibility of the property owner(s) C All property segregation's/divisions shall be approved by the City of Pasco D Off-Premise signs shall be prohibited 5 Legal Description The North half of the Northwest quarter of the Southwest quarter and the North half of the Northeast quarter of the Southeast quarter of Section 21, Township 9 North, Range 30 East W M lying south of Interstate 182/SR 12 54e?,ssa Given under my hand and official seal this -7 ay of ',1,01.A--( , 1997 Ncry Public in and for the State of Washington, residing at (7 t.,a1P771 1 0 0 t CP\ ° • * • • OFFic • (” . 4 Z : 0 - . 1 Z 1 4 , • 'k • ) ,,,, ... 1.•:'''0 ,) „ ' , .. • ' ,,I\ kit "$0001.- Os ,%1n:' 5425563 v0L0 14 2 1 PG0 2 0 2 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 (STATE OF WASHINGTON) (County of Franklin) ss On this day personally 4 to me known to be the (ciA ppeared before me of the ci poration that executed the within and foregoing 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 S42ssa ( LEGAL NO #t4/-I #1. 044 DESCRIPTION "I‘tA 0 BOX 2608 PASCO, WASHINGTON 99302-2608 PHONE (509) 582-1500 LEVAL ADVERTISING INVOICE DATE (R. /02/ .7) 7 ACCOUNT NO - Orki I I NANC. L NU, c...27. 4 —3(1 TES LINES #1045 - 6/6/9f ORDINANCE NO 3237 AN ORDINANCE relating to zoninn and changing the classification of certain real property within the City of Pasco from It 1 (Low Den- sity Reidential) 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 follow mg described real property cituated in Pasco Franklin County Washington to-wit The North half of the Northwest quarter of the Southwest quarter and the Northeast quarter of the Southeast quarter of Sec- tion 21 Township 9 North Range 30 East VV M lying South of Interstate 182/SR12 as depicted in the map attached hereto and identified as Exhibit "1 be and the same is hereby changed from R-1 (Low Density Residential) to C-3 (General Business) as conditioned by a concomi- tant zoning agreement which is attached hereto and is identified as Exhibit 2 Section 2 That any and al l 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 five days after pas- sae and publication as re quired by law PASSED by the City Coun cil of the City of Pasco this 2nd of June 1997 -s- Charles D Kilbury Mayor Attest -s- Catherine Seaman Deputy City Clerk Approved as to Foirn -s Leland B Kerr City Attorney #1044 6/8/97 rwanINANCE NO 3235 9 is In 0 nt id 55 le of al id SOLD TO PAS1r,0 C) FY OF L 1.3 A L FO. BOX ED: PASCO WA TT IL r-,E,4,4 NOTICE 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 AFII fIT W Is TilgE COUNTY OF BENTON ss STATE OF WASHINGTON I IN BE1"01. , being duly sworn, deposes and says, I am the Legal Clerk of the Tn-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 Bent?9 (contrINTMV‘inalpt the,attpctf-V is a true copy of a as it was printed in the regular and entire issue of ithe Tr-City Herald itself and not in a supplemen3,thereof, time(s), c8m9..991.nivg on , and ending on and that said newspaper was regulary distributed to its subscribers during all of this period Kirk) ke)t SUBSCRIBED AND SWORN BEFORE ME THIS I ( DAY OF •,zit0A--9 , Notary public in and for the State of Wash- ington, residing at-NerinewICk 1'1( I IL l'ANI Wii COMMISSION EXPIRES ( 18 11 /1.)(1