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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 10 --- I ~ j l ~ I I ~ ~ ~ rs1TE I ~ . ~ 0 ~ \0 ~ ...... ~ ' I ~ I ~ ~ I I ' r ~ I --~-W-C -ST ~ -< ~ VI D 15 30 60 90 12( c:a w I Feet 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