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
.. ..
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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
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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
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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
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