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HomeMy WebLinkAbout4589 Ordinance - Campbell Alley Vacation (VAC 2022-001) - RECORDEDFILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 31 Avenue Pasco, WA 99301 ORDINANCE NO. 4589 AFN # 1960328 ORDIN 05/03/2022 03:00 PM 5 Page(s) $207.50 Matt Beaton. Auditor Franklin Co., WA AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, VACATING THE NORTH -SOUTH ALLEY OF BLOCK 2 KURTZMAN'S 1ST ADDITION TO PASCO, WAIVING AN APPRAISAL, COMPENSATION, AND TITLE REPORT. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate a right-of-way; and WHEREAS, a petition has been submitted to the City for vacation of the north -south alley of Block 2 Kurtzman's 1 st Addition to Pasco by owners of more than 2/3 of the properties abutting the alley to be vacated per PMC Section 12.40.020; and WHEREAS, on April 4, 2022, pursuant to PMC Section 12.40.040, the City passed Resolution 4168 setting a public hearing for the proposed vacation; and WHEREAS, a survey is not required, pursuant to PMC Section 12.40.110, where the land sought to be vacated is sufficiently known to the City that an accurate legal description of the proposed vacation can be known with certainty; and WHEREAS, the City Council previously waived the requirement for a survey in Resolution 4168 upon making a finding that the land sought to be vacated is sufficiently known to the City that an accurate legal description of the proposed vacation is known with certainty; and WHEREAS, pursuant to PMC Section 12.40.050, appropriate notice was given of the public hearing on vacation of the public right-of-way; and WHEREAS, the City held a public hearing on the proposed vacation on May 2, 2022; and WHEREAS, the vacation process provided in PMC Chapter 12.40 requires a title report, an appraisal of value, and compensation unless waived by the City Council; and Ordinance — VAC 2022-001 Campbell Alley - 1 WHEREAS, pursuant to PMC Section 12.40.120(2); the City Council may waive the requirement for a title report, an appraisal of value, and compensation if the Council has previously determined that the right-of-way is not essential to public traffic circulation and is available for vacation; and WHEREAS, the City Council finds that the alley is currently unused, does not provide public access, is not essential to public traffic circulation and is therefore available for vacation without requiring a title report, appraisal, or compensation; and WHEREAS, the City Council may approve a street vacation upon making findings pursuant to PMC Section 12.40.070(1)-(4), that the vacation of the right of way will not adversely affect traffic accessibility and circulation within the immediate area or within the City as a whole; is not contemplated or needed for future use; no abutting property will become landlocked or have access substantially impaired; and the public needs shall not be adversely affected and the vacation will provide a public benefit or serve a public purpose; and WHEREAS, the City Council finds, pursuant to PMC Section 12.40.070(1)-(4), that the vacation of the right of way will not adversely affect traffic accessibility and circulation within the immediate area or within the City as a whole; is not contemplated or needed for future use; no abutting property will become landlocked or have access substantially impaired; and the public needs shall not be adversely affected and the vacation will provide a public benefit and serve a public purpose. WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a portion of right-of-way, as depicted in "Exhibit A" be and the same is hereby vacated; The north -south alley of Block 2 Kurtzman's 1 st Addition to Pasco. Together with and subject to easements, reservations, covenants and restrictions of record and in view. Contains .13 acres, more or less. Section 2. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 3. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Ordinance — VAC 2022-001 Campbell Alley - 2 Section 4. That pursuant to PMC Chapter 12.40, the City Council hereby waives the requirements for an appraisal, title report, and compensation for the vacated right-of-way. PASSED by the City Council of the City of Pasco, Washington this 2nd day of May, 2022. ATTEST: Debra arham, CMC City Clerk Published:— VUVS4� Iggqv►, 5 , 7 ZZ - Ordinance — VAC 2022-001 Campbell Alley - 3 APPROVED AS TO FORM: Kerr Fe uson L LLC City Attorney FRANKLIN COUNTY RECORDING COVER SHEET NAME AND RETURN ADDRESS: City of Pasco 525 N. Third Avenue Pasco, WA 99301 FORM COMPLETED BY: Krystle Shanks PLEASE PRINT OR TYPE INFORMATION: PHONE # (509) 544-3096 DOCUMENT TITLE(S) (or transaction contained therein) 1. Ordinance No. 4589 2. VAC2022-001 - Campbell Alley 3. GRANTOR(S) (Last name, first name, middle name/initials): 1. Citv of Pasco 2. 3. 4. ❑ Additional names on page of document GRANTEE(S) (Last name, first name, middle name/initials): 1. Ronney G. Campbell 2. 3. 4. Additional names on page of document LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range) KURTMANS 1 ST LOTS 11 TO 17, BLK 2, 28-30-09 ❑✓ Additional legal is on page 2 of document AUDITOR'S REFERENCE NUMBER(S) ASSESSOR'S PROPERTY TAX PARCEL NUMBER 113-863-071 Additional parcel numbers on page of document The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information EMERGENCY NONSTANDARD REQUEST I am requesting an emergency nonstandard recording for an additional fee of $50.00 as provided in RCW 36.18.010. 1 understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature Date