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HomeMy WebLinkAbout4596 Ordinance - E Lewis Place ROW Vacation (VAC 2022-003) - RECORDEDFRANKLIN 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: DOCUMENT TITLE(S) (or transaction contained therein) 1. Ordinance No. 4596 2. VAC2022-003 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. Broetje Orchards LLC 2. Lewis Place LLC 3. 4. Additional names on page of document LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range) SW4NW4 27-9-30 E] Additional legal is on page of document AUDITOR'S REFERENCE NUMBER(S) ASSESSOR'S PROPERTY TAX PARCEL NUMBER 113-720-037 ❑ 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 AFN # 1964006 ORDIN 07/26/2022 09:17 AM 6 Page(s) $208.50 Matt Beaton. Auditor Franklin Co.. WA PHONE # (509) 544-3096 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 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3' Avenue Pasco, WA 99301 ORDINANCE NO. 4596 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, VACATING A RIGHT-OF-WAY FOR EAST LEWIS PLACE, FORMERLY PRIMARY STATE HIGHWAY NO. 3, PASCO TO ATTALIA. 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 for a portion of East Lewis Place right-of-way (formerly primary State Highway No. 3, Pasco to Attalia) as established per Washington State Department of Transportation (WSDOT) Pasco to Attalia plans, Contract No. 3908, dated June 6, 1950, for Right - of -Way, Sheet 2 of 11, Deed filed under Franklin County Auditor's File Number 133353, of which a portion was vacated by City of Pasco Ordinance No. 4102 filed under Franklin County Auditor's File Number 1800771, located in the Southwest Quarter of the Northwest Quarter and the Northwest Quarter of the Southwest Quarter of Section 27, Township 9 North, Range 30 East of the Willamette Meridian, City of Pasco, Franklin County, Washington, by owners of more than two-thirds abutting the part of the right-of-way to be vacated per PMC Section 12.40.020; and WHEREAS, on May 16, 2022, pursuant to PMC Section 12.40.040, the City passed Resolution No. 4186 setting a public hearing for the proposed vacation; and WHEREAS, pursuant to the Pasco Municipal Code (PMC) Section 12.40.050, appropriate notice was given of the City's intent to vacate public right-of-way; and WHEREAS, the City held a public hearing on the proposed vacation on June 6, 2022; and WHEREAS, the vacation process provided in the PMC Chapter 12.40 requires a title report, an appraisal of value, and compensation unless waived by the City Council; and WHEREAS, pursuant to the PMC Section 12.40.120(2) the City Council may waive the requirement for a title report, an appraisal of value, and compensation if one or more of the Ordinance — VAC 2022-003 Lewis Place LLC - 1 following are applicable: the vacation is initiated by Council Resolution; the vacation is at the request of the City; the Council has previously determined that the right-of-way is not essential to public traffic circulation and is available for vacation; the grant of a substitute right-of-way has value as a right-of-way at least equal to the right-of-way to be vacated; or the resulting benefit to the community of the project requiring the vacation outweighs the appraised value of the right-of- way to be vacated; and WHEREAS, the proposed vacation does meet the above listed criteria for waiver of the requirement for a title report, an appraisal of value, and compensation pursuant to the PMC Section 12.40.120(2) as it was acquired without cost to the City and the resulting benefit to the community will outweigh any appraisal value of the vacated right of way; 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 that the required criteria of PMC Section 12.40.070(1)-(4) have been met but that a ten -foot easement is necessary for City of Pasco public Right -of -Way; and, WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; and, 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; Section 2. That a 10 -foot easement be reserved for City of Pasco public roadway, as noted in "Exhibit B." Section 3. 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 4. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Section 5. That pursuant to the PMC Chapter 12.40, the City Council hereby waives the requirements for an appraisal, title report, survey, and compensation for the vacated right-of-way. Ordinance — VAC 2022-003 Lewis Place LLC - 2 PASSED by the City Council of the City of Pasco, Washington this 181h day of July, 2022. Blanche Barajas Mayor ATTEST: Debra Barham, CMC City Clerk Published Ordinance — VAC 2022-003 Lewis Place LLC - 3 APPROVED AS TO FORM: Kerr Fe n Law, PLLC Cit ttorneys A PORTION OF EAST LEWIS PLACE RIGHT OF WAY (FORMERLY PRIMARY STATE HIGHWAY NO. 3, PASCO TO ATTALIA) AS ESTABLISHED PER WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT) PASCO TO ATTALIA PLANS, CONTRACT NO. 3908, DATED JUNE 6, 1950, FOR R. OF W. SHEET 2 OF 11, DEED FILED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 133353, OF WHICH A PORTION WAS VACATED BY CITY OF PASCO ORDINANCE NO. 4102 FILED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1800771, LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 9 NORTH, RANGE 30 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27, MARKED BY A 3 INCH BRASS CAP AT GROUND SURFACE STAMPED "WSDOT SURVEY MONUMENT S21 -S22 -S27 -S28 DO NOT DISTURB"; THENCE SOUTH 01'02'13" EAST ALONG THE WEST LINE OF SAID SECTION 27 A DISTANCE OF 2,641.62 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 27, MARKED BY A 2.5 INCH BRASS CAP IN CASE WITH A CENTER PUNCH ONLY; THENCE NORTH 89'17'46" EAST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 27 A DISTANCE OF 1,325.61 FEET TO THE INTERSECTION WITH THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27 AND TRUE POINT OF BEGINNING; THENCE NORTH 01'16'20" WEST ALONG SAID EAST LINE A DISTANCE OF 29.54 FEET TO THE INTERSECTION WITH THE NORTH RIGHT OF WAY MARGIN OF SAID EAST LEWIS PLACE, MARKED BY A BENT 1/2 INCH REBAR WITH NO CAP; THENCE ALONG SAID NORTH RIGHT OF WAY MARGIN AS COMPUTED BY SAID CITY OF PASCO ORDINANCE NO. 4101 THE FOLLOWING COURSES: THENCE SOUTH 89'24'42" WEST A DISTANCE OF 172.50 FEET TO AN ANGLE POINT, MARKED BY A TACK AND WASHER STAMPED "LS 12624" IN A 1 INCH OUTER DIAMETER IRON PIPE, PER THAT SURVEY RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 383969; THENCE NORTH 84'55'24" WEST A DISTANCE OF 122.07 FEET; THENCE SOUTH 89'37'05" WEST A DISTANCE OF 550.00 FEET; EXHIBIT A LEGAL DESCRIPTION THENCE SOUTH 89'19'21" WEST A DISTANCE OF 481.64 FEET TO THE INTERSECTION WITH THE SAID WEST LINE OF SECTION 27; THENCE LEAVING SAID NORTH RIGHT OF WAY MARGIN SOUTH 01'02'13" EAST ALONG THE SAID WEST LINE OF SECTION 27 A DISTANCE OF 10.00 FEET TO A LINE THAT IS 30 FEET NORTHERLY AND PARALLEL TO THE CENTERLINE OF SAID EAST LEWIS PLACE; THENCE ALONG SAID OFFSET LINE THE FOLLOWING COURSES: THENCE NORTH 89'19'21" EAST A DISTANCE OF 469.95 FEET TO THE BEGINNING OF A SPIRAL CURVE OFFSET TO THE RIGHT; THENCE SOUTH 89'40'30" EAST ALONG THE CHORD OF SAID SPIRAL CURVE OFFSET A DISTANCE OF 301.51 FEET TO A POINT ON THE ARC OF A NON TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 2,894.94 FEET; THE RADIUS POINT OF WHICH BEARS SOUTH 02'19'21" WEST; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 385.57 FEET, WITH A DELTA ANGLE OF 07'37'52", A CHORD BEARING OF SOUTH 83'51'43" EAST, AND A CHORD LENGTH OF 385.29 FEET; THENCE SOUTH 80'02'47" EAST A DISTANCE OF 175.37 FEET TO THE INTERSECTION WITH EAST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27; THENCE NORTH 01'16'20" WEST ALONG SAID EAST LINE A DISTANCE OF 48.47 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 30,207 SQUARE FEET, 0.69 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. /g..D•� WASIl4 p 46318 06/30/2022 21 22 7_q 2` 7O N � N w 00 r 0 _S89' N 0 o -- - W. 1 28 qk27 EXHIBIT B SKETCH LOCATED IN THE SW 1/4 OF THE NW 1/4 AND THE NW 1/4 OF THE SW 1/4 OF SECTION 27, TOWNSHIP 9 NORTH, RANGE 30 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON 25.00' IRR ESMT VARIABLE WIDTH RIGHT OF WAY �031Ik, PER AFN 109056 VACATED PER CITY OF PASCO 120 ��Gi UTILITY ESMT I bc A ORDINANCE NO. 4102 (AFN 1800771) N ��3 �pGE 3821 10' ��1 9'21 "W 481.64' ^- 89'19'21 469.95'n C'o (P w�S P 195 PER CITY OF PASCO ORDINANCE NO. 4102 (AFN 1800771) _- - s0)�__�__� - — — —-S89'37'05"W 550.00' — — �N84'55'24"yy ?2.07' 1 7>S 30,207 S.F., n '0.69 AC.- _ ----------- --------------- L=385 57' -R=2894 94' N89'17'46"E 1325.61' CH 0=7'37'52"_ B= 51'4SPIR-A - _CH=385.29'3'EFSET0"E `, �' EDGE OF PAVEMENT 301.51' "WSDOT SURVEY MONUMENT S21 -S22 -S27 -S28 DO NOT DISTURB" O FOUND 3" BRASS CAP AT SURFACE: 15' IRR ESMT PER AFN 109056 S89'24'42"W 172.50' RIGHT OF WAY VACATION 29.54'_ PORTION TPOB 2 FOUND SCREW IN 2" PIPE FILLED WITH CONCRETE IN CASE, MARKING THE E. LEWIS PLACE CENTERLINE PER WSDO 0 PASCO TO ATTALIA PLANS, CONTRACT NO. 3908, DATED JUNE 6, 1950, FOR R. OF W. SHEETS 2 & 3 OF 11 O FOUND 2.5" BRASS CAP IN CASE WITH A CENTER PUNCH ONLY, MARKING THE QUARTER CORNER N . c6 o 6 ------__ S80_p2'47 z iFORMERIY PR AR EAST LEWISE _175.37'- E STAT -PACE _-- - H N 3 PASCp - - 7 _ 10' RESERVATION FOR `--_-___ TO ATTALIA). T FUTURE ROAD --'� FOUND SCREW IN CONCRETE IN 2" PIPE WITH NO TAG IN CASE, HELD FOR EAST LEWIS PLACE CENTERLINE PER WSDOT ® PASCO TO ATTALIA PLANS, CONTRACT NO. 3908, DATED JUNE 6, 1950, FOR R. OF W. SHEETS 2 & 3 OF 11, BEGINNING OF SPIRAL CURVE END OF SPIRAL CURVE, BEGIN SIMPLE CURVE PER WSDOT PASCO TO ATTALIA PLANS, CONTRACT NO. 3908, DATED 0 JUNE 6, 1950, FOR R. OF W. SHEETS 2 & 3 OF 11 POINT OF TANGENCY ESTABLISHED PER WSDOT PASCO TO ATTALIA PLANS, CONTRACT NO. 3908, DATED JUNE 6, © 1950, FOR R. OF W. SHEETS 2 & 3 OF 11 AND WSDOT SR 12 EAST LEWIS STREET INTERCHANGE AS CONSTRUCTED PLANS, CONTRACT NO. 4916, DATED 1/95, SHEET 33 OF 139 AND BEST -FITTED TO MONUMENTS FOUND MAG NAIL IN CONCRETE IN 2" PIPE WITH TAG: "E 1663.14 PC" IN CASE, HELD FOR EAST LEWIS PLACE O7 CENTERLINE PC PER WSDOT SR 12 EAST LEWIS STREET INTERCHANGE AS CONSTRUCTED PLANS, CONTRACT NO. 4916, DATED 1/95, SHEET 33 OF 139 FOUND BENT 1/2" REBAR WITH NO CAP, ORIGIN UNKNOWN, HELD AS ® REPLACEMENT OF ORIGINAL PROPERTY CORNER MARKER SET WITH GOLLADAY SURVEY, AFN 383969, SHOWN AT SPINHOLE 9 FOUND & HELD TACK AND WASHER: "LS 12624" IN 1" O.D. IRON PIPE, PER GOLLADAY SURVEY, AFN 383969 Scale 1" = 80' 0 40 80 160 �9 Og Wft, �?4 06/30/2022