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HomeMy WebLinkAbout4689 Ordinance - Asmus Road 76 Overpass ROW Vacation_Dedication (VAC 2023-002)FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 31 Avenue Pasco, WA 99301 ORDINANCE NO.4689 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, VACATING RIGHT-OF-WAY AT ROAD 76 & 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, the City Council may vacate rights -of -way; and WHEREAS, the City staff requested that the City Council initiate the vacation procedures for vacation of a portion of right-of-way at Road 76 & Chapel Hill Boulevard; and WHEREAS, on October 2, 2023, pursuant to the Pasco Municipal Code (PMC) Section 12.40.040, the City passed Resolution No. 4378, initiating the vacation procedures and setting a public hearing for the proposed vacation; and WHEREAS, pursuant to PMC Section 12.40.050, appropriate notice was given of the City's intent to vacate public right-of-way; and WHEREAS, the City held a public hearing on the proposed vacation on November 6, 2023;and WHEREAS, the vacation process provided in Pasco Municipal Code (PMC) Chapter 12.40 requires a title report, an appraisal of value, and compensation unless waived by the City Council; and WHEREAS, pursuant to PMC Section 12.40.120(2) the City Council may waive the requirement for a title report, an appraisal of value, and compensation if the vacation is initiated by the City Council by resolution; the vacation is at the request of the City; the Council has previously determined that the right-of-way is not essential to public traffic circulation and is 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/or the resulting benefit to the community Ordinance - Asmus Road 76 Overpass VAC 2023-002 - 1 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 requirement for a title report, an appraisal of value, and compensation pursuant to PMC Section 12.40.120(2) as it was the request of the City, initiated by resolution of the City Council, acquired without cost to the City, and the resulting benefit to the community will outweigh any value of the vacated right-of-way; and the grant of substitute public right-of-way has a value at least equal to the that right-of-way to be vacated; 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(l)-(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 depicted in Exhibit A be and the same is hereby vacated upon the condition that the grant of substitute public right-of-way in Section 2 of this ordinance be dedicated to the City of Pasco; 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 l; 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 Ordinance - Asmus Road 76 Overpass VAC 2023-002 - 2 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 2 That as a condition vacating a portion of right-of-way in Section 1, a grant of substitute public right-of-way as depicted in Exhibit B be and the same shall be hereby dedicated to the City of Pasco; THAT PORTION OF 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 EASTERLY 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 00006'55" EAST 851.46 FEET; THENCE SOUTH 07°48'57" EAST 104.70 FEET TO AN ANGLE POINT IN THE RIGHT-OF-WAY DEDICATED UNDER AUDITOR'S FILE NUMBER 190142, RECORDS OF SAID COUNTY AND THE TERMINUS OF SAID LINE. CONTAINING 19,815 S.F. LYING WESTERLY OF THE RIGHT-OF-WAY SHOWN ON ABOVE SAID SURVEY CONTAINING 36,638 S.F. WITHIN THE RIGHT-OF-WAY SHOWN ON ABOVE SAID SURVEY Section 3. That pursuant to PMC Chapter 12.40, the City Council hereby waives the requirements for an appraisal, title report, survey, and compensation for the vacated right-of-way. Section 4. 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. Ordinance - Asmus Road 76 Overpass VAC 2023-002 - 3 Section 5. 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, such 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 6. 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 7. Effective Date. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington this 6 h day of November, 2023. Blanche Barajas Mayor ATTEST: Debra Barham, CMC City Clerk Published: l//�I&Z3 Ordinance - Asmus Road 76 Overpass VAC 2023-002 - 4 APPROVED AS TO FORM: Kerr Fer aw, PLLC City orneys N. 1 /2 OF SEC. 16, T.09N., R.29E., W.M., os os CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON EXHI BI T SKETCH 16 TO ACCOMPANY Exhibit A LEGAL DESCRIPTION /V66 64, AREA TO BE RELINQUISHED \ L= 317.18' R=490.00' y�RArToy STRATTON SURVEYING & MAPPING P.C. IN STREET J' C+ KENNEMCK. WA 99336 FAX: (509) 735 6560 WWIY.SIIO((OOSI'"Y COT 1 ROW Vacation 1 80' R/W SHOWN ON RS 3-704 i` E 80' R/W SHOWN ON RS 3-704 I TO BE DEDICATED UNDER SEPARATE DOCUMENT I I SCALE 1 " = 250' SKETCH FOR ASMUS DEDICATED R/W AFN: 190142 N. 1 /2 OF SEC. 16, T.09N., R.29E., W.M., CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON oa o9 EXHI BI T SKETCH Exhibit B 17 16 TO ACCOMPANY LEGAL DESCRIPTION N66 w 2�38 6 , 4 80' R/W SHOWN L = 317.18' ON RS 3- 704 R=490.00' i` T. P.O.B. LOT 1 RS 3-704 AFN: 1847849 0 19,815 SF WITHIN I NEW R-O-W 80' R/W SHOWN S00'06 55,'E ON RS 3-704 '- 851.46' I 50' 36,638 SF WITHIN EXISTING 40' R/W DEDICATED R/W I AFN: 190142 I S07'48'57"E 104.70' DEDICATED R/W AFN: 190142 � o ROW Dedication o a O SCALE 1 " = 250' o' SKETCH FOR ASMUS yaATToy STRATTON SURVEYING 5971SK1.DWG ©2023 & MAPPING P. C. ---TfrV(51M STREET J` G KENNEOCK, WA+99336 DATE: 09/22/2023 SHT. 1 OF 1 FAX 9509) 735 6560 »•g„o«onsu„ y.c« DRAWN BY: AAD JOB # 59 71