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HomeMy WebLinkAbout3294 Ordinance - RecordedvoLO 14 6 I PG0 5 2 0 'O N 556173 ORDINANCE \ AV n 14AN C E relating to zoning and changing the classification of certain real property within the City of Pasco from C-1 (Retail Business) 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 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, being further described as follows Beginning at the southwest corner of said Section 8, thence north 0 0 5745" East, 392 90 feet along the west line of said section, thence south 89°02'15" East 60 00 feet to a point on the east right- of-way line of Broadmoor Boulevard, thence continuing south 89°02'15" east 204 72 feet, thence north 0°57'45" east 27 00 feet to the beginning of a non-tangent, 540 00 foot radius curve to the left, the radius center of which bears north 0 0 5745" east, thence along the arc of said curve 369 95 feet through a central angle of 38°49'44 thence north 52°08'01" east, 548 33 feet to the beginning of a tangent curve to the right, having a radius of 960 00 feet, thence along the arc of said curve 1,021 18 feet, through a central angle of 60°56'51", thence south 66°55'09" east, 762 14 feet, thence north 23°04'51" east, 80 feet to Point "A" described in that certain Water and Sanitary Sewer Easement granted to the City of Pasco, recording #511038, records of said County and the TRUE POINT OF BEGINNING, thence north 66°55'09" west, 144 00 feet along the north right-of-way line of St Thomas Drive, thence leaving said right-of-way north 23°04'51" east a distance of 304 00 feet to the south line of State Highway 182, thence south 66°55'09" east along the said right-of-way line, a distance of 144 00 feet, thence leaving said right-of-way south 23°04:!.51" west along the east line of said Easement, a distance of 304 00 feet to said Point "A" and 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 C-1 (Retail Business) to C-3 (General Business), as conditioned by a concomitant zoning agreement which is attached hereto and is identified as Exhibit "2" 556173 Charles D Kilbury Mayor —II VOL0461 P60521 Z56173 t 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 4th of May, 1998 ATTEST Catherine Seaman, Deputy City Clerk APPROVED AS TO FORM Leland B Kerr, City Attorney ,7wE61.73 Vol-0461 P 6 0522 S5C2.7Ja 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 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 55,,E-173 V O LO 4 6 I P 6 0 5 2 3 SEC1,73 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 4 Conditions A The development shall comply with the following requirements 1) The Front Yard Setback for all structures including fences shall be no less than fifteen (15) feet, 2) Fence heights shall be limited to six (6) feet, B The following uses shall be prohibited 1) Commercial laundries, 2) Express offices, 3) Wholesale businesses, 4) Heavy equipment sales 85 service, 5) Warehouses (including mini-storage), 6) Landscape gardening 85 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, 101 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 described as follows 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, being further described as follows SF:EV-23 voLO 14 6 I PG0 5 2 4 556173 Beginning at the southwest corner of said Section 8, thence north 0 0 5745" East, 392 90 feet along the west line of said section, thence south 89°02'15" East 60 00 feet to a point on the east right-of-way line of Broadmoor Boulevard, thence continuing south 89°02'15" east 204 72 feet, thence north 0°57'45" east 27 00 feet to the beginning of a non-tangent, 540 00 foot radius curve to the left, the radius center of which bears north 0 0 5745" east, thence along the arc of said curve 369 95 feet through a central angle of 38°49'44', thence north 52°08'01" east, 548 33 feet to the beginning of a tangent curve to the right, having a radius of 960 00 feet, thence along the arc of said curve 1,021 18 feet, through a central angle of 60°56'51", thence south 66°55'09" east, 762 14 feet, thence north 23°04'51" east, 80 feet to Point "A" described in that certain Water and Sanitary Sewer Easement granted to the City of Pasco, recording #511038, records of said County and the TRUE POINT OF BEGINNING, thence north 66°55'09" west, 144 00 feet along the north right-of-way line of St Thomas Drive, thence leaving said right-of-way north 23°04'51" east a distance of 304 00 feet to the south line of State Highway 182, thence south 66°55'09" east along the said right-of-way line, a distance of 144 00 feet, thence leaving said right-of-way south 23°04"51" west along the east line of said Easement, a distance of 304 00 feet to said Point "A" and the TRUE POINT OF BEGINNING 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 O gel of Washington, residing at-oS64:),-0 ,.Q._ 4,,Puntc, • • ••.,:k) o o, ey-v%‘,NQs ,.. 0.4 too eononn Owner 5 boxi mo or" •Fcg- k Th.c. STATE OF WASHINGTON) ) ss County of 14VVR--- ) On this day personally appea.rd before me BCnKO:e_ -S c \tiOu,DcA to me known to be the c.e.t--)Nes nA e ,r,4- of the corporation 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 \NAO Given under t mya loglifIg and official seal this •,1;.0 L4 4-1'‘ day of 0 • °4 • • ... 'e S.,. ex.(411/4 0 - - AOT AR le S% 7=g Notary iublic in and for the State .. .. - c=<>==. • ..1 0 0 r-,7S173 55C173 FRANKLIN COUNTY RECORDING Cover Sheet RETURN ADDRESS (1 '?As BOX 250 /1).PIO WA 4%01 VULOL.6I PG0 5 I 9 RECORDED AT THE REQUEST OF City of Pasco SEP I 3 33 PM '98 1-1,;_ 791r h OR Y FORM COMPLETED BY Lay (arsaa PHONE# 5/15-3(191 PLEASE PRINT OR TYPE INFORMATION Document Title(si (or transactions contained therein) 1 on_TNANEE It. 329'1 — REDDI0E C-1 +6C-3 w/e0AGRo'Ac 8 -9-1 2 - 3 4 Grantor(s), Assignor(s) (Last name frirfirst name, middle initials) 1 C ify or . thScO 2 3 4 o Additional names on pa g e of document Grantee(s), Assignor (s), Trustee (s), and or Beneficiary (s) (L i.l t narv e first, fij:E nam e middle initials) 1 ,i-OGO)1‘10Cir Hjark IQ 2 3 4 o Additional names on page of document Legal description (abbreviated le lot, block, plat or section, township, ran g e, q tr /q tr) Tor-km of- 81123 0 Additional le g al is on pa g e of document Auditor' s Reference Number(s) Include Year(s) of document(s) assi g ned or released Auditor's Number - Volume Page o Additional numbers on page of document Assessor's Property Tax Parcel/Account Number o Propert y Tax Parcel ID is not y et assi g ned o Additional parcel numbers on pa g e of document The Auditor/Recorder will rel y on the information provided on the form The staff will not read the document to verif y the accurac y or completeness of the indexin g information 556173 1 vs% kt1 — P0 BOX 2608 o COUNTY OF BENTON $S STATE OF WASHINGTON rE 1E 11 IF h i 0 1998 , being duly sworn, WolsetaYndWie, i lalm 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 Benton County, Washington That the attached is a true copy of a , as it .) was printarIn' tbe flefiligitgl:/e-ntiViSsu'd ri-City Herald itself and not in a supplement thereof, time(s), commencing on 1, and ending on ((1 • -Jr-. , and that said newspaper was regulary diit4iit4d Pto its subscribers during all of this period FINAN C., L SUBSCRIBED AND SWORN BEFORE ME THIS \, DAY OF , ev9Ct Notary public in and for the State of ash- ington, residing at COMMISSION EXPIRES F I r 5 VII -N n /1. if t't:i PASCO, WASHINGTON 99302 2608 PHONE <509) 582-1500 &MAI ADVEGNMORM INVOICE SOLD TO I cnC0 j ['IVY OF UALS .0 tr >f SCO "...4.74 "•( ) DATE LEGAL NO ()5 ,1()/al" •[of 7 ACCOUNT NO DESCRIPTION *I.i:2 7 OF-0111\1()111,1:: NU . itv\rt TIMES LINES TCY2TA&, 5 t ORDINANCE NO 3294 AN ORDINANCE re atin g to zonin g and chan g in g the classification of certain real propert y within the Cit y of Pasco from C-1 (Retail Business) to C-3 (General ,Business) with a concomi l tafnt-1 CITY 3P 11r S OF PASCO DO ORDAIN AS FOLLOWS Section 1 That the zone classification of the follow- in g described real propert y situated in Pasco Franklin Count y Washin g ton to-wit That portion of the south half of Section 8 Township 9 North Ran g e 29 East W M situated in the Cit y of Pasco Franklin Count y \Washin g ton bein g further described as follows Be- g innin g at the southwest corner of said Section 8 thence north 0157 45 East 392 90 feet alon g the west line of said section thence south 89102 15 East 60 00 feet to a point on the east ri g ht-of wa y line of Broad- moor Boulevard thence continuin g south 89102 15 east 204 72 feet thence north 0157 45 east 27 00 feet to the be g innin g of a non-tan g ent 540 00 foot radius curve to the left the radius center of which bears north 0157 45 east thence alon g the arc of said curve 369 95 feet throu g h a central an g le of 38149 44 thence north 52108 01 east 548 33 feet to the beginning of a tan- gent curve to the ri g ht hav- in g a radius of 960 00 feet thence alon g the arc of said curve 1 021 18 feet throu g h a central an g le of 60156 51 thence south 66'5509 east 762 14 feet thence north 23104 51 east 80 feet to Point A described in that certain Water and Sanitar y Sewer Easement g ranted to the Cit y of Pasco recordin g #511038 records of said Count y and the TRUE POINT OF BEGINNING thence north 66155 09 west 144 00 feet alon g the north ri g ht-of-wa y line of St Thomas Drive thence leavin g said ri g ht-of-wa y north 23104 51 east a dis- tance of 304 00 feet to the south line of State Hi g hwa y 1 82 thence south 66155 09 east alon g the said ri g ht-of-wa y line a dis- tance of 144 00 feet thence leavin g said ri g ht- of wa y south 23104 51 west alon g the east line of said Easement a distance of 304 00 feet to said Point A and the TRUE POINT OF BEGINNING as de- picted in the map attached hereto and identified as Ex- hibit 1 be and the same is hereb y chan 9 ed from C 1 (Retail Business) to C 3 (General Business) as conditioned b y a concomi- tant zonin g a g reement which is attached hereto and is identified as Exhibit 2 Section 2 That an y and all zonin g maps be and are hereb y amended to con form to the aforesaid zone chan g e Section 3 This ordinance shall be in full force and effect after passa g e and publication as re q uired b y law PASSED b y the Cit y Coun- cil of the Cit y of Pasco this 4th of Ma y 1998 -s- Charles D Kilbur y Mayor k ATTEST '5 Catherine Seaman Deputy Cit y Clerk 'Approved as to Form ',-s Leland B Kerr ,Cit y Attorne,,J 1, 14#0637 - 5/10'98 P30411C13 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 AFFilDaiY117 OF PUSEMUCZ:ff'1100