HomeMy WebLinkAbout4702 Ordinance - KS Family Enterprises row Vacation (VAC2023-001)FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3`d Avenue
Pasco, WA 99301
ORDINANCE NO.4702
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
VACATING A PORTION OF NORTH WYOMING AVENUE RIGHT-OF-WAY
IN FREY'S ADDITION TO 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 (ROW); and
WHEREAS, a petition for vacating a portion of North Wyoming Avenue right- of -way in
Frey's Addition to Pasco has been submitted to the City by owners of more than two-thirds of the
properties abutting the portion of the right-of-way to be vacated per Pasco Municipal Code (PMC);
and
WHEREAS, on November 6, 2023, pursuant to the PMC Section 12.40.040, the City
passed Resolution No. 4389, setting a public hearing for the proposed vacation; and
WHEREAS, pursuant to PMC Section 12.40.050, appropriate notice was given of the
public hearing related to possible vacation of the public right-of-way; and
WHEREAS, the City held a public hearing on the proposed vacation on December 4,
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 VAC 2023-001 - 1
Version 11.28.23
WHEREAS, pursuant to PMC Section 12.40.120(2) the City may waive the requirement
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; 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)(e) 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 turn 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;
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 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 Avenue, together with and subject to easements, reservations, covenants
and restrictions of record and in view.
Ordinance VAC 2023-001 - 2
Version 11.28.23
Section 2. That the City shall retain an easement and the right to exercise or grant
easements adjacent to North Wyoming Avenue.
Section 3. That pursuant to PMC Chapter 12.40, the City Council does hereby waive
the requirements for an appraisal, title report, 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.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, or word
of this Ordinance is held to be 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 4 h day of December,
2023.
-i -
Blanche Barajas
Mayor
ATTEST:
J'��-6�
Debra Barham, CMC
City Clerk
Ordinance VAC 2023-001 - 3
Version 11.28.23
APPROVED AS TO FORM:
Kerr >m�
aw, PLLC
Cityeys
"EXH I BIT A"
S.E.. 1 /4 OF SEC. 20, T.09N., R.30E., W.M.,
CITY OF PASCO,
FRANKLIN COUNTY, WASHINGTON
EXHI BI T SKETCH
TO ACCOMPANY
LEGAL DESCRIPTION
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SKETCH FOR
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31-1 110RIH 110RAIN STREET
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FAX: (509) 735-6560
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STRATTON SURVEYING MAPPING, PC
313 NORTH MORAIN STREET
KENNEWICK, WA 99336
PHONE: (509) 735-7364
FAX: (509) 735-6560
E-MAIL: strattona-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.
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