HomeMy WebLinkAbout4641 Ordinance - Mendoza Frontage ROW Vacation (VAC 2022-007) - 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
Pasco, WA 99301
ORDINANCE NO. 4641
AFN # 1971820 ORDIN
03/01/2023 12:50 PM
5 Page(s) $207.50
Matt Beaton, Auditor
Franklin Co., WA
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
VACATING PORTIONS OF RIGHT-OF-WAY ALONG SOUTH 5TH AVENUE
ADJACENT LOTS 9-11, BLK 8 OF GANTENBEINS ADDITION TO PASCO,
WA.
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 vacating portions of right-of-way along South 5th A venue
adjacent to Lots 9-11, Block 8, of Gantenbeins Addition has been submitted to the City by owners
of more than two-third of the properties abutting the part of right-of-way to be vacated per Pasco
Municipal Code (PMC); and
WHEREAS, the City deems it appropriate to extend the length of the vacation area to
include a portion of right-of-way long lot 11, BLK 8, of Gantenbein's addition to Pasco as to
maintain ROW continuity; and
WHEREAS, on January 17, 2023, pursuant to the PMC Section 12.40.040, the City passed
Resolution No. 4298, initiating the vacation procedures and setting a public hearing for the
proposed vacation; and
WHEREAS, the City opened the public hearing on February 6, 2023, and continued it to
February 21, 2023 to allow the public ample opportunity to provide their comments; 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 February 21,
2023;and
Ordinance V AC 2022-007 -1
WHEREAS, the vacation process provided in PMC Chapter 12.40 requires a title report,
and an appraisal of value and compensation unless waived by the City Council; and
WHEREAS, pursuant to PMC Section 12.40.120(2) the City 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; and 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
requirements for a title report, an appraisal of value, and compensation pursuant to PMC Section
12.40.120(2) as it was acquired without cost to the City and the resulting benefit to the community,
in terms of increased traffic safety as a direct result of 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; 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;
THE EASTERLY 10 FEET OF SOUTH 5TH A VENUE ADJACENT LOTS 9-11,
BLOCK 8, GANTENBEIN'S ADDITION TO PASCO
HAVING AN AREA OF 1,600 SQUARE FEET (.04 ACRES), MORE OR LESS .
SITUATE IN FRANKLIN COUNTY, STATE OF WASHINGTON.
Ordinance V AC 2022-007 -2
Section 2. That the City shall retain an easement and the right to exercise or grant
easements with respect to the east 10' of South 5th Avenue adjacent Lots 9-11, Block 8,
Gantenbein's Addition to Pasco for the construction, repair and maintenance of public utilities and
services.
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 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, on this 2pt day of
February, 2023
Mayor
ATTEST:
Debra Barham, CMC
City Clerk
Published: w4a f.ibr~ '2l-£ Z!i)Z,3 I I
Ordinance V AC 2022-007 -3
APPROVED AS TO FORM:
Item: 5th Avenue Street ROW Vacation N
"Exhibit A" Applicant(s): Ramon Mendoza A File#: VAC 2022-007
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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. 4641
2 . VAC2022-007
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. Ramon Mendoza
2 .
3 .
4 . D Additional names on page of document
LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range)
32 -30-09, GANTENBEINS ADD LOTS 9 & 10, BLK 8
[l] Additional legal is on page 2 of document
AUDITOR'S REFERENCE NUMBER(S)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
112-382-422
O 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