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4378 Resolution - Setting PH for Right-of-Way Vacation -Road 76 and Chapel Hill
RESOLUTION NO.4378 A RESOLUTION OF THE CITY COUNCIL OF CITY OF PASCO, WASHINGTON, SETTING 7:00 PM, MONDAY, NOVEMBER 6, 2023, AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER RIGHT-OF- WAY VACATION AT ROAD 76 AND CHAPEL HILL BOULEVARD, IN PASCO, WASHINGTON. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City of Pasco, the City Council may vacate rights -of -way; and WHEREAS, the City staff is requesting that the City Council initiate the vacation procedures at Road 76 and Chapel Hill Boulevard in Pasco; and WHEREAS, the vacation process, provided in the PMC Chapter 12.40 requires a survey, title report, an appraisal of value, and compensation unless waived by City Council; and WHEREAS, the City staff is requesting that Council make a determination concerning whether to waive the requirements of a title report, appraisal of value, and compensation pursuant to PMC 12.40.120(2) after holding a public hearing; and WHEREAS, the City may waive the requirements for a survey pursuant to PMC Section 12.40.110 if the location and legal description of the street or alley proposed for vacation is sufficiently known to the City such that an accurate legal description can be determined with certainty without a survey; and WHEREAS, as part of Road 76 and Chapel Hill Boulevard, the Right -of -Way located in Pasco is sufficiently known to the City such that a legal description is capable of being produced without the need for a survey; and WHEREAS, PMC Section 12.40.040 requires public hearings on vacations to be fixed by Resolution, and to provide notice for such hearing which shall occur no later than 60 days after, nor earlier than 20 days after, the passage of this Resolution setting a public hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. Initiation of Vacation by Council. That pursuant to PMC Chapter 12.40, the City Council hereby initiates the vacation procedures. Section 2. Notice of Hearing. That a public hearing to consider vacating the following as depicted in the attached Exhibit A, will be held before City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington at the hour of 7:00 p.m., on the 6" day of November 2023: Resolution - Setting PH for VAC 2023-002 - 1 RELINQUISHMENT OF THAT PORTION OF THE 40.00-FOOT-WIDE RIGHT-OF-WAY AFFECTING LOT 1 AS DEPICTED ON THE RECORD SURVEY RECORDED UNDER AUDITOR'S FILE NO. 1847849, RECORDS OF FRANKLIN COUNTY, WASHINGTON, SITUATED IN SECTION 16, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., FRANKLIN COUNTY, WASHINGTON LYING NORTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 66056'15" EAST ALONG THE NORTH LINE OF SAID LOT 2738.64 FEET TO THE NORTHEAST CORNER OF SAID LOT AND THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, THE RADIUS OF WHICH BEARS SOUTH 74038' 17" EAST 490.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE AND THE EASTERLY LINE OF SAID LOT 317.18 FEET THROUGH A CENTRAL ANGLE OF 37005' 16" TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00°06'55" EAST 98.18 FEET TO A POINT ON THE WESTERLY LINE OF ABOVE SAID RIGHT-OF-WAY AND THE POINT OF TERMINUS OF SAID LINE. CONTAINING 15,166 S.F. Section 3. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. PASSED by the City Council of the City of Pasco, Washington, on this 2nd day of October, 2023. Blanche Barajas Mayor ATTEST: Debra Barham, CMC City Clerk Resolution - Setting PH for VAC 2023-002 - 2 APPROVED AS TO FORM: Kerr guson Law, PLLC C' Attorneys FOUND USBR FOUND CASED BRASS CAP BRASS CAP 08 B.O.H N8975'45'E 09 Ha _ S01'13'00'W 2625.91' � 16 15.60' 17,0 SEE DETAIL SHEET 1 J� 6 s66ss � ,R 3� 16gg f > -RR/wCATE� A DEDICATED R/W � I "'7 \ — PARCEL A 20' SEWER © ESM'T PECOPI) 5upuff N. 1 /2 OF SEC. 16, T.09N., R.29E., W.M., CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON DETAIL 1' - 50' EXHIBIT "A" VICINITY SKETCH NOT TO SCALE H � > 6'S8 A3• DESCRIPTION S775328+WSg58d TE' SO' R/W AQB UTT THAT PORTION OF SECTION 16. TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M.. "I L� ESM!TY FRANKLIN COUNTY, WASHINGTON DEPICTED AS LOT 1 ON RECORD SURVEY RECORDED ASHNUNDER AUDITOR'S FILE NO. 1847TON; 849, RECORDS OF FRANKLIN COUNTY, WG EXCEPT PORTION CONVEYED TO THE CITY OF PASCO BY DEED RECORDED - 4 IL-23.88 R•4g0.08' {� UNDER AUDITOR'S FILE NO. 1901424. 4 ' N24'31'45 W PARCEL ACREAGE CHART A DEDICATE R/W /I ' 85'61 \\ PARCEL A 16.90 ACRES GROSS PARCEL B Y oTA ,I PARCEL 8 10.78 ACRES GROSS 9.97 ACRES EXCLUDING 40' EASEMENT O& DETAIL SCALE i' - 200' 9.67 ACRES EXCLUDING 407 EASEMENT AND PROPOSED NEW RIGHT-OF-WAY URL1T17 ESM T �/, r II„I SEE 0 200 400 800 10.00 ACRES (435.754 S.F.) INCLUDING AO' EASEMENT TO BE RELINOUISHED I �•"Io AND EXCLUDING PROPOSED NEW RIGHT-OF-WAY PFO osed P : A PARCEL C 5.62 ACRES GROSS Vacation 50. IgI'� BASISOF BEARING RECORD 3-704 OF SURVEY 5.26 ACRES EXCLUDING 40' EASEMENT - N89'16'37'E 511.69' 1 F nPM FAT II�n 5.11 ACRES (222.523 S.F.) EXCLUDING 40' EASEMENT AND PROPOSED NEW - N89'16'37i 576.86 I A THREE -SECOND TOTAL STATION RIGHT-CF-WAY S01750'30'E SPECTRA PRECISION RTK CPS 49.27' NOO'06'5SW /0 RIGHT-OF-WAY DEDICATON RECOREDED SEPTEMDER 25. 2019; AUDITOR'S FILE NO.: 1901424. DEDICATED( I y., 1 CITY OF PASCO SEWER EASEMENT RECORDED: .NLY 23, 2001; AUDITOR'S FILE NO.: 1593021, R/W ©•' EASEMENTS PER RECORD SURVEY RECORDED UNDER AUDITOR'S FILE NO. 1847849. SURVEYOR NOTES 1. 5rRATTON SURVEYING AND MAPPING MAKES NO WARRANTIES AS TO MATTERS OF UNWRITTEN TITLE. SUCH AS, ADVERSE POSSESSION. ACQUIESCENCE. ESTOPPEL, ETC. SURVEYOR'S CERTIFICATE �,. A D THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR 9, UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF RON ASMUS IN - SURVEY FOR ,IULY OF 2023. A RON ASMUS AAROH A. DYCK L538021 DATE PARCEL C S07'48" 10, '5.06' LEGEND 892707'W O - SET 5/8' REBAR W/ORANGE PLASTIC CAP (LOT MARKED *STRATTON AAD 38021' A M1Ff - NOT FOUND OR SET DEDICATE R/W FOUND M FOUND A$INDICATED UMENT AS INDICATED B.O.B. >• BASIS OF BEARING R/W . RIGHT-OF-WAY OLD BOUNDARY EASEMENT PROPERTY BOUNDARY INDEX AUDITOR'S CERTIFICATE FILED FOR RECORD THIS ----- _-DAY OF S: X SEC T. R. _______ 20-- AT_--M, IN BOOK ---OF SURVEYS AT PA ----AT THE REQUEST OF ® Ie 09N 29E AARON A. DYCK, P.LS. IProposed Vacation A WRRN EASTNG EASEMENT BE REUN0UISED 521 S.F. WITHIN EXISTING EASEMENT REUIOLIS E0 14,645 S.F. \1 1 � I I I 1 AREA PARCEL B I1 OE D&F, FOR NEW I I I I ROAD 76 MDIi-OF-WAY 13,069 Sf. 76 RI I I I t1I 1 I I � y AREA WITHN PARCEL C TO BE OEOCATEI FOR NEW ROAD ]6 RNNT-Q-WAY 6745 S.F W I I I I i I 1 I _ J DETAIL 1' - 100' i' INOING .5/7-,ff PLtiN NU I P EP N. 1 /2 OF SEC. 16, T.09N., R.29E., W.M., CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON NEW DESCRIPTION PARCEL A THAT PORTION OF SECTION 16. TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., FRANKUN COUNTY, WASHINGTON DEPICTED AS LOT i ON RECORD SURVEY RECORDED UNDER AUDITOR'S FILE NO. 1847849. RECORDS OF FRANKLIN COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAW LOT 1; THENCE SOUTH 86'56'15' EAST ALONG THE NORTH LINE OF SAID PARCEL 2738.84 FEET TO THE NORTHEAST CORNER OF SAID PARCEL. THENCE SOUTH 77*53*28' WEST 838.43 FEET TO A POINT ON THE NORTHERLY LINE OF THE RIGHT-OF-WAY DEDICATED TO THE CITY OF PASCO UNDER AUDITOR'S FILE NUMBER 1901424 AND A POINT ON A NON -TANGENT CURVE TO THE LEFT THE RADIUS OF WHICH BEARS SOUTH 51'48'47' WEST SSO.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 273.02 FEET THROUGH A CENTRAL ANGLE OF 2826'29% THENCE CONTINUING NORTH 66'3Y42' WEST ALONG SAID RIGHT-OF-WAY 1699.30 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT THE RADIUS OF WHICH BEARS NORTH 581''40' EAST 73.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 9.68 FEET THROUGH A CENTRAL ANGLE OF 7'35'48' TO A NON -TANGENT CURIE TO THE LEFT THE RADIUS OF WHICH BEARS SOUTH 72'59'36' WEST 86.50 FEET; THENCE NORTHWESTERLY AND SOUTHWESTERLY ALONG SAID CURIE 141.12 FEET THROUGH A CENTRAL ANGLE OF 9328'41- TO A CURVE TO THE RIGHT THE RADIUS OF WHICH BEARS NORTH 20'29'05' WEST 80.50 FEET; THENCE SOUTHWESTERLY ALONG SAW CURVE 10.98 FEET THROUGH A CENTRAL ANGLE OF 7'49'06 TO A POINT ON THE WESTERLY LINE OF ABOVE SAID SECTION 16; THENCE LEAVING SAW RIGHT-OF-WAY NORTH 01'13'00' EAST ALONG SAID LINE 308.72 FEET TO THE POINT OF BEGINNING. CONTAINING 16.90 GROSS ACRES EXCEPT PORTION CONVEYED TO THE CITY OF PASCO BY DEED RECORDED UNDER AUDITOR'S FILE NO. 1901424. TOGETHER WITH AND SUBJECT TO EASEMENTS. RESERVATIONS. COVENANTS AND RESTRICTIONS OF RECORD AND IN VIEW. PARCEL B AFTER REUNOUISHMENT OF A PORTION OF THE 40' EASEMENT AND DEDICATION OF NEW ROAD RIGHT-OF-WAY THAT PORTION OF SECTION 16, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M.. FRANKLIN COUNTY, WASHINGTON DEPICTED AS LOT I ON RECORD SURVEY RECORDED UNDER AUDITOR'S FILE NO. 1847849, RECORDS OF FRANKLIN COUNTY, WASHINGTON DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 66'56'15' EAST ALONG THE NORTH LINE OF SAID PARCEL 2738.84 FEET TO THE NORTHEAST CORNER OF SAID PARCEL AND THE TRUE POINT OF BEGINNING: THENCE SOUTH 77'5328'WEST 638.43 FEET TO A POINT ON THE NORTHERLY UNE OF THE RIGHT-OF-WAY DEDICATED TO THE CITY OF PASCO UNDER AUDITOR'S FILE NUMBER 1901424 AND A POINT ON A NON -TANGENT CURVE TO THE RIGHT THE RADIUS OF WHICH BEARS SOUTH 51'48'47' WEST 550.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE ADD SAID RIGHT-OF-WAY 348.89 FEET THROUGH A CENTRAL ANGLE OF 3620'42' THENCE CONTINUING ALONG SAID RIGHT-OF-WAY SOUTH 01'50'30'EAST 424.31 FEET; THENCE LEAVING SAID RIGHT-OF-WAY NORTH 8916'37'EAST 511.69 FEET TO A POINT ON THE FUTURE CITY OF PASCO ROAD 76 RIGHT-OF-WAY; THENCE NORTH DOT76'S5' WEST ALONG SAID FUTURE RIGHT-OF-WAY 5BZ84 FEET TOA POINT ON THE EASTERLY LINE OF SAID LOT i AND THE BEGINNING OF A NON -TANGENT CURIE TO THE RIGHT THE RADIUS POINT OF WHICH BEARS NORTH 68-15.46- EAST 490.00 FEET; THENCE NORTHWESTERLY AND NORTHEASTERLY ALONG SAID CURVE 317.27 FEET THOUGH AS CENTRAL ANGLE OF 37-05'56- TO THE TRUE POINT OF BEGINNING CONTAINING 10.00 ACRES (435,754 S.F.) EXCEPT PORTION CONVEYED TO THE CITY OF PASCO BY DEED RECORDED UNDER AUDITOR'S FILE NO. 1901424. TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS, COVENANTS AND RESTRICTIONS OF RECORD AND IN VIEW. O y7A � �14 Q Q 1,.I SURVEY FOR RON ASMUS PARCEL C AFTER DEDICATION OF NEW ROAD RIGHT-OF-WAY THAT PORTION OF SECTION 16. TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., FRANKLIN COUNTY. WA94INGTON DEPICTED AS LOT 1 ON RECORD SURVEY RECORDED UNDER AUDITOR'S FILE NO. 1847849. RECORDS OF FRANKLIN COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 66'5 6'15' EAST ALONG THE NORTH LINE OF SAID PARCEL 2738.64 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE SOUTH 77'5S26' WEST 638.43 FEET TO A POINT ON THE NORTHERLY LINE OF THE RIGH7-OF-WAY DEDICATED TO THE CITY OF PASCO UNDER AUDITOR'S FILE NUMBER 1901424 AND A POINT ON A NON -TANGENT CURVE TO THE RIGHT THE RADIUS OF WHICH BEARS SOUTH 51*48'47' WEST 550.00; THENCE SOUTHEASTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY 348.89 FEET THROUGH A CENTRAL ANGLE OF 3620'42'; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY SOUTH 01'50'30 EAST 424.31 FEET TO THE TRUE POINT OF BEGINNING: THENCE NORTH 89'16'37' EAST 511.69 FEET TO A POINT ON THE FUTURE CITY OF PASCO ROAD 76 RIGHT-OF-WAY; THENCE SOUTH 00YJ8'55' WEST ALONG SAID FUTURE RIGHT-OF-WAY LINE 288.83 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 07'4V57' EAST 104.70 FEET TO AN ANGLE POINT IN THE BOUNDARY OF ABOVE SAID LOT AND A POINT ON ABOVE SAID DEDICATED RICHT-OF-WAY; THENCE SOUTH 00-32'53- WEST ALONG SAID RIGHT-OF-WAY 96.82 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THE RADIUS OF WHICH BEARS 8927'07' WEST 50.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY 80.93 FEET THOUGH A CENTRAL ANGLE OF 92'44'12' TO A POINT OF COMPOUND CURVE THE RADIUS OF WHICH BEARS NORTH 0317'05' EAST 5000O FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 740.65 FEET THROUGH A CENTRAL ANGLE OF 84'52'25'; THENCE NORTH OV50'30' WEST 49.27 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 5.11 ACRES (222,523 S.F.) EXCEPT PORTION CONVEYED TO THE CITY OF PASCO BY DEED RECORDED UNDER AUDITOR'S FILE NO. 1901424. TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS, COVENANTS AND RESTRICTIONS OF RECORD AND IN VIEW. AUDITOR'S CERTIFICATE sTHAIEUN SUMVE dE MAPPING PA FILED FOR RECORD THIS__ -___DAY OF ns aam 4r0RAx4 smEc XEHNEIncK. wa os�is 20__ AT,_.; M, IN BOOK__OF SURVEYS AT PAGE_ -__AT THE REOUEST OF FttXm (] J9-4.Ma AARON A. DYCK, P.L.S. 5971RSIA.DNCO 2023 DATE: 09/05/2023 SHT 2 OF 2 DRAWN BY: AAD .,YTS ..59