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HomeMy WebLinkAbout4603 Ordinance - Brantingham ROW Vacation & Dedication (VAC 2022-004) - RECORDEDFILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasc.o, WA 9930 I ORDINANCE NO. 4603 AFN # 1964846 ORDIN 08/12/2022 12:51 PM 8 Page(s) $210.50 Matt Beaton. Auditor Franklin Co., WA AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, VACATING A PORTION OF RIGHT-OF-WAY ALONG EAST ADAMS STREET AND NORTH RAINIER AVENUE LOCATED ADJACENT TO LOTS 10, 11, & 12 OF THE FRANKLIN COUNTY IRRIGATION DISTRICT (FCID) INDUSTRIAL PARK PLAT. 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 rights-of-way; and WHEREAS, a petition for vacation of a portion of right-of-way along East Adams Street and North Rainier Avenue located adjacent to Lots 10, 11, & 12 of the Franklin County Irrigation District (FCID) Industrial Park Plat has been submitted to the City by owners of more than 2/3 of the properties abutting the part of right-or-way to be vacated per Pasco Municipal Code (PMC) Section 12.40.020; and WHEREAS, on July 5, 2022, pursuant to PMC Section 12.40.040, the City passed Resolution No. 4202 setting a public hearing for the proposed vacation; and WHEREAS, pursuant to PMC Section 12.40.050, appropriate notice was given of the City's intent to vacate the public right-of-way; and WHEREAS, the City held a public hearing on the proposed vacation on August 1, 2022; and WHEREAS, the vacation process provided in the PMC Chapter 12.40 requires a title report and an appraisal of value and compensation unless waived by City Council; and Ordinance -V AC 2022-004 Brantingham -I WHEREAS, pursuant to the PMC Section 12.40.120(2), the City Council may waive the requirements for a title report, an appraisal of value and compensation if one or more of the following are applicable: the vacation is initiated by Council Resolution; the vacation is at the request of the City; the Council had 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 resulting benefit: to the community, in terms of increased traffic safety as a direct result of a safer tum radius, will outweigh any value of the vacated right-of-way; and WHEREAS, the City Council may approve a right-of-way 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 with 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 the PMC Section 12.40.070(1)-(4) have been met but that a ten-foot easement is necessary for a 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. 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 described below and as depicted in Exhibit A be and the same is hereby vacated: THAT PORTION OF THE RIGHT-OF-WAY DEDICATED UNDER AUDITOR'S FEE NUMBER 1917084, RECORDS OF FRANKLIN COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 11 OF F.C.I.D. INDUSTRIAL PARK PLAT RECORDED IN VOLUMED OF PLATS AT PAGE 65, RECORDS OF FRANKLIN COUNTY, WASHINGTON; THENCE NORTH 00°25'02" WEST ALONG THE PROJECTED WESTERLY RIGHT-OF-WAY LINE OF RAINIER A VENUE 43 .61 FEET; THENCE SOUTH Ordinance -V AC 2022-004 Brantingham -2 50°19'22" WEST ALONG THE NORTHERLY LINE OF SAID DEDICATED RIGHT-OF-WAY 285.79 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 50°19'22" WEST 482.39 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF ADAMS STREET AND THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, THE RADIUS OF WHICH BEARS NORTH 01 °08'57" WEST 170.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH ACENTRAL ANGLE OF 44°16'53 11 A DISTANCE OF 131.39 FEET; THENCE NORTH 44°34'47 11 EAST 361.30 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SAID DEDICATED RIGHT-OF-WAY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF ABOVE SAID LOT 11; THENCE SOUTH 00°25'02 11 EAST ALONG THE PROJECTED WESTERLY RIGHT-OF-WAY LINE OF RAINIER AVENUE 33.88 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID DEDICATED RIGHT-OF-WAY AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 50°19'22 11 WEST ALONG THE SAID RIGHT-OF-WAY LINE 233.74 FEET; THENCE NORTH 44°34'47 11 EAST 245.55 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, THE RADIUS OF WHICH BEARS NORTH 45°25'13 11 WEST 230.00 FEET; THENCE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 44 °59'49" A DISTANCE OF 180.63 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF RAINER A VENUE; THENCE SOUTH 00° 25'02 11 EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE 139.31 FEET; THENCE SOUTH 50°19'22 11 WEST 77.49 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO EASEMENTS , COVENANTS, RESERVATIONS, RIGHT-OF-WAYS AND RESTRICTIONS OF RECORD ANO IN VIEW. Section 2. That a IO-foot easement be reserved for City of Pasco public roadway, as described below and as depicted in the attached Exhibit B: THAT PORTION OF LOT 11 AND LOT 12 OF F.C.I.D. INDUSTRIAL PARK PLAT RECORDED IN VOLUME D OF PLATS AT PAGE 65 , RECORDS OF FRANKLIN COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 11; THENCE NORTH 00°25'02" WEST ALONG THE PROJECTED WESTERLY RIGHT-OF-WAY LINE OF RAINIER AVENUE 43 .61 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 50°19'22" WEST ALONG THE NORTHERLY RIGHT-OF-WAY LINE DEDICATED UNDER AUDITOR'S FEE NUMBER 1917084, RECORDS OF Ordinance -V AC 2022-004 Brantingham -3 FRANKLIN COUNTY, WASHINGTON 285.79 FEET; THENCE NORTH 44°34'47 11 EAST 242.54 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, THE RADIUS OF WHICH BEARS NORTH 45°25'13 11 WEST A DISTANCE OF 170.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL OF ANGLE 44°59'49 11 A DISTANCE OF 133.51 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF RAINER AVENUE; THENCE SOUTH 00°25'02 11 EAST ALONG SAID RIGHT-OF-WAY LINE 92.92 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF LOT 10 AND 12 OF ABOVE SAID PLAT AND VACATED ADAMS STREET BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF LOT 11 OF SAID PLAT; THENCE SOUTH 00°25'02 11 EAST ALONG THE PROJECTED EASTERLY RIGHT- OF-WA Y LINE OF RAINIER AVENUE 33.88 FEET; THENCE SOUTH 50°19'22 11 WEST ALONG THE SOUTHERLY RIGHT-OF-WAY LINE DEDICATED UNDER AUDITOR'S FEE NUMBER 1917084, RECORDS OF FRANKLIN COUNTY, WASHINGTON 233.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 50°19'22 11 WEST ALONG SAID RIGHT-OF-WAY LINE 504.62 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, THE RADIUS OF WHICH BEARS NORTH 06°43'18 11 WEST 230.00 FEET; THENCE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 38°41'55 11 A DISTANCE OF 155.35 FEET; THENCE NORTH 44°34'47 11 EAST 358.29 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO EASEMENTS, COVENANTS, RESERVATIONS, RIGHT-OF-WAYS AND RESTRICTIONS OF RECORD AND IN VIEW. 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 PMC 12.40, the City Council hereby waives the requirements for an appraisal, title report, survey, and compensation for the vacated right-of-way. Ordinance -V AC 2022-004 Brantingham -4 PASS ED by the City Council of the City of Pasco, Washington this 1st day of August, 2022. ~ B anc e BaraJas Mayor ATTEST: Debra Barham, CMC City Clerk Ordinance -V AC 2022-004 Brantingham -5 APPROVED AS TO FORM: t:J\M I t)I I A ROW TO BE VACATED NW 1/4 OF src. 20, T.09N., R.JOE., W.M., FRANKLIN COUNTY, WASHINGTON EXHIBIT SKETCH TO ACCO~PANY LEGAL DESCRIPTION y~lf._ i~ ~"f.'f 'o<:, RIGHT-OF-WAY~--------~ '.:1 TO BE VACATED ] LINE TABLE \'le-\> c,i ,\cf•'f ~~ LOT 11 ~\) \)• \~ -J,.i __,,,_,..,., \ \)• r:,\>~ i ~-. ~ LOT 10 SKETCH FOR -1,<' 6b, ~~ 0 °' 12 ~ a:i,... T.P.0.8.~ -- URVE I LENGTH I RADIUS 6 ~ CURVE TABLE C1 I 131.39 i 170.00 1 44•15'53"; C2 I 180.63 I 230.00 l 44·59'49" CR.Ii' METAL 11'0.RKS LINE . LENGTH I ~IRE~TION--i ! L 1 I 43.61 N00'25'02"W I ,-I ·- L2 i 285.79 s50·19•22"w 1 L3 482.39 s50·19'22"w L4 l 361.30 I N44"34' 47"E L5 : ! 33.88 i s00·25•02"E I L6 233.74 I sso·19•22"w · ' L7 245.55 I N44'34'47"E I I s00·2s·orE . ' L9 77.49 S50"19'22"W i ~ . I l I i ,~, ~! SCALE 1" = 200' 5626SK4.0WG © 2022 DATE: 05/05/2022 SHT. 1 OF 1 DRAWN BY: AAD JOB II 5 6 26 ~--------y~ff.. i~ ~~~ ~e;, \t-" c,i .-..$1~ ~~ LOT 11 ~\.) \)• NEW RIGHT-OF-WAY ~-(J \~~~t c~y·~ov ~-I I I T.P.0.8. I LOT 10 NEW RIGHT-OF-WAY ADA ---------- I I I I ) t.J'\MIOI I 0 ROW TO BE DEDICATED NW 1/4 OF SEC. 20, T.09N., R.30£., W.M., FRANKLIN COUNTY, WASHINGTON EXHIBIT SKETCH LINE L1 TO ACCOMPANY LEGAL DESCRIPTION LINE TABLE LENGTH DIRECTION 43.61 Noo·25•02"w LOT 13 L2 285.79 s50·19'22"W CURVE C1 __ .___,,,_.. .. C2 L3 242.54 N44"34'4 7"E I -I L4 92.92 s00·25•02"E ----=--•·-'i ! L5 33.88 S00'25'02"E L6 233. 74 1 sso-19'22"w , L7 504.62 S50"19'22"W --, ' LB 358.29 N44"34'47"E - CURVE TABLE LENGTH RADIUS I 6 i I 133.51 170.00 44·59'49" 1 •· -I 155.35 230.00 1 38"41'55" I I I / ~ ~ ~ SCALE 1" = 200' SKETCH f'OR CRF META~ ll'ORKS ~TRj11°1'frJ!£Y~1JNC 562651<.J.DWG I © 2022 DA TE: 05/05/2022 1 SHT. 1 OF 1 I DRAWN BY: AAD JOB I 562 6 FRANKLIN COUNTY RECORDING COVER SHEET NAME AND RETURN ADDRESS: City of Pasco 525 N. Third Avenue Pasco, WA 99301 FORM COMPLETED BY: Krystle Shanks PHONE# (509) 544-3096 --------------PL EASE PRINT OR TYPE INFORMATION: DOCUMENT TITLE(S) (or transaction contained therein) 1. Ordinance No. 4603 2. VAC2022-004 3. GRANTOR(S) (Last name, first name, middle name/initials): 1. Citv of Pasco 2. 3. 4 . D Additional names on page of document GRANTEE(S) (Last name, first name, middle name/initials): 1. Brantingham Enterprises, LLC 2. 3. 4 . D Additional names on page of document LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range) FCID Industrial Park Lot 11, 17-30-09 D Additional legal is on page of document AUDITOR'S REFERENCE NUMBER($) ASSESSOR'S PROPERTY TAX PARCEL NUMBER 113-41 0-112 D 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 . I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature Date