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HomeMy WebLinkAbout4389 Resolution - Setting a PH - ROW Vacation for TD Res KS Family Enterprises VAC 2023-001RESOLUTION NO.4389 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON SETTING 7:00 P.M., MONDAY, DECEMBER 4, 2023, AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF NORTH WYOMING AVE RIGHT-OF-WAY IN FREY'S 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 of Pasco, the City Council may vacate rights -of -way; and WHEREAS, a petition for vacation of a portion of North Wyoming Ave right-of-way in Frey's Addition to Pasco by owners or more than two-thirds abutting the part of the street and alley rights -of -way to be vacated, has been submitted to the City; and WHEREAS, the vacation process, by petition application, provided in the Pasco Municipal Code (PMC) Chapter 12.40 requires a survey, title report, an appraisal of value, and compensation unless waived by City Council; and WHEREAS, as part of a portion of North Wyoming Ave right-of-way in Frey's Addition to 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, pursuant to PMC Section 12.40.120(2) compensation for vacated rights -of - way, an appraisal and title report may be waived 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 right- of-way to be vacated was previously determined by Council not to be 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 vacation outweighs the appraised value of the right-of-way to be vacated; 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, 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 sixty (60) days after, nor earlier than twenty (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: Notice of Hearing. That a public hearing to consider vacating the following as described below and depicted in the attached Exhibit A, will be held before City Council of the City of Pasco Resolution Setting PH for VAC 2023-001) - 1 in the Council Chambers at 525 N. Third Avenue, Pasco, Washington at the hour of 7:00 p.m., on the 41h day of December 2023: That portion of North Wyoming Ave right-of-way in Frey's Addition to Pasco according to the plat thereof recorded in Volume "B" of plats at page 16, records of Franklin Co, Washington being described as follows: A strip of land lying 40.00 feet north of the southerly right-of-way line of vacated Trinidad Street and 10.00 feet east of the westerly right-of-way line of North Wyoming Ave. Together with and subject to easements, reservations, covenants and restrictions of record and in view. Be it Further Resolved, that the City Clerk of the City of Pasco give notice of said public hearing as required by law. Be It Further Resolved, that this Resolution will take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this 6`h day of November, 2023. ---c Blanche araj Mayor ATTEST: 4, Debra Barham, CMC City Clerk Resolution Setting PH for VAC 2023-001) - 2 APPROVED AS TO FORM: Kerr Fe r n Law, PLLC City Attorneys "EXH I BIT A" S.E.. 1 /4 OF SEC. 20, T.09N., R.30E., W.M., CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON EXHI81 T SKETCH TO ACCOMPANY LEGAL DESCRIPTION 5T 1G 7. T TR423 / PARCEL 13474027- �t ADJUSTED PARCEL 2, 3p \ RECORD SURVEY \� J —965 \o / ' 5T / 5UpERIoR / EAST SCALE 1 " = 80' 0 SKETCH FOR K&S FAMIL Y ENTERPRISES A Troy STRATTON SURVEYING & MAPPING P.C. N M J' U KENNEN7CK, WA 99336 FA735-764 X: (50509) 9) 73536560 www.strot lonsur,ey com STRATTON SURVEYING MAPPING, PC 313 NORTH MORAIN STREET KENNEWICK, WA 99336 PHONE: (509) 735-7364 FAX: (509) 735-6560 E-MAIL: stratton-strattonsurvey.com DATE: 05/12/2023 DRAWING: 5580SK1.DWG RIGHT-OF-WAY RELINQUISHMENT DESCRIPTION: THAT PORTION OF NORTH WYOMING AVENUE RIGHT-OF-WAY IN FREY'S ADDITION TO PASCO ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME "B" OF PLATS AT PAGE 16, RECORDS OF FRANKLIN COUNTY, WASHINGTON BEING DESCRIBED AS FOLLOWS: A STRIP OF LAND LYING 40.00 FEET NORTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF VACATED TRINIDAD STREET AND 10.00 FEET EAST OF THE WESTERLY RIGHT-OF- WAY LINE OF NORTH WYOMING AVENUE. TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS, COVENANTS AND RESTRICTIONS OF RECORD AND IN VIEW. SEE ATTACHED EXHIBIT SKETCH TO ACCOMPANY THIS LEGAL DESCRIPTION. O� A o 'iy 38021 tv 'e"ssf NAL SL