HomeMy WebLinkAbout4646 Ordinance - Jubilee Foundation ROW Vacation (VAC 2022-009) - 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. 4646
AFN # 1973182 GROIN
04/12/2023 01:45 PM
5 Page(s) $207.50
Matt Beaton. Auditor
Franklin Co .. WA
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
VA CA TING RIGHTS-OF-WAY IN WASHINGTON ADDITION TO PASCO IN
THE VICINITY OF EAST A STREET AND EAST HELENA STREET IN
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 rights-of-way in Washington Addition to Pasco in the
vicinity of East A Street and East Helena Street in Pasco, Washington, has been submitted to the
City by owners of more than two-thirds of the properties abutting the part of right-of-way to be
vacated per Pasco Municipal Code (PMC); and
WHEREAS, on January 17, 2023, pursuant to the PMC Section 12.40.040, the City passed
Resolution No. 4299, 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 and February 27, 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 completed a public hearing on the proposed vacation on April 3,
2023;and
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
Ordinance V AC 2022-009 -Jubilee Foundation LLC -1
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 City Council had previously determined that the right-of-way is not essential to public
traffic circulation and available for vacation; the grant of substitute public right-of-way which has
a value as a right-of-way at least equal to that right-of-way to be vacated; and 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 THAT PORTION OF WASHINGTON ADDITION TO PASCO,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF
PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
ALL ROADS AND ALLEYS LYING SOUTHERLY OF THE CENTERLINE OF
BUTTE STREET, EASTERLY OF A LINE WHICH IS PARALLEL WITH AND
30.00 FEET EASTERLY OF THE CENTERLINE OF SPOKANE STREET, AND
NORTHERLY OF THE NORTHERLY MARGIN OF A STREET AS
DEDICATED ON SAID PLAT.
Ordinance V AC 2022-009 -Jubilee Foundation LLC -2
TOGETHER WITH ALL ROAD AND ALLEYS LYING SOUTHERLY OF A
LINE WHICH IS PARALLEL WITH AND 30.00 FEET SOUTHERLY OF THE
CENTERLINE OF HELENA STREET, EASTERLY OF THE CENTERLINE OF
SPRAGUE STREET, AND NORTHERLY OF THE CENTERLINE OF BUTTE
STREET.
HA YING AN AREA OF 3.87 ACRES, MORE OR LESS.
Section 2. 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.
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. Severability. If any section, subsection, sentence, clause, phrase or word
of this Ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, sucq invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this
Ordinance.
Section 5. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this Ordinance, including scrivener's errors
or clerical mistakes; reference to other local, state, or federal laws~ rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 6. Effective Date. This Ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
D by the City Council of the City of Pasco, Washington, on this 3rd day of April
ATTEST:
M~~
Debra Barham, CMC
City Clerk
Ordinance VAC 2022-009 -Jubilee Foundation LLC -3
APPROVED AS TO FORM:
Item: Washington Addition Streets and Alleys ROW Vacation N
"Exhibit A" Applicant(s): Jubilee Foundation c/o Steve Bauman I\
File#: VAC 2022-009 f\
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EAST EAST
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. 4646
2. VAC2022-009
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. Jubilee Foundation LLC
2.
3.
4. D Additional names on page of document
LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range)
28-30-09, Washington Add All Blk 5
[Z] Additional legal is on page 2 of document
AUDITOR'S REFERENCE NUMBER(S)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
113-881-024
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