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4470 Resolution - Setting a PH for Vacation MACA LLC (VAC2024-001)
Resolution Setting PH for VAC 2024-001 - 1 RESOLUTION NO. 4470 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, SETTING 7:00 PM, AUGUST 5, 2024, AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A 20-FOOT ALLEY IN BLOCK 105 PASCO LAND COMPANY FIRST 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 of Pasco (City), the City Council may vacate rights-of-way; and WHEREAS, a petition for vacation of a 20-foot alley in Block 105 Pasco Land Company First Addition according to the Plat thereof recorded in Volume B of Plats, Page 39 Records of Franklin County, Washington, by owners of more than two-thirds abutting the part of the street and alley 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, 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, 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. Resolution Setting PH for VAC 2024-001 - 2 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 Exhibit A attached hereto, 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 5th day of August, 2024: Alleys to be Vacated: A 20.00-foot alley in Block 105 Pasco Land Company First Addition according to the Plat thereof recorded in Volume B of Plats, Page 39 Records of Franklin County, Washington and being in the Southwest quarter of the Northeast quarter of section 29, Township 9 North, Range 30 East, W.M. and described as follows: Beginning at the Northwest corner of Lot 13 of said Block 105; thence North 19°50'53" West for 20.00 feet to the Southwest corner of Lot 20 of said Block 105; thence along the Southerly line of Lots 17-20 North 70°09'07" East for 100.00 feet to the Southeasterly corner of Lot 17 of said Block 105; thence along the Easterly line of said Lot 17 North 19°50'53" West for 140.00 feet to the Northeasterly corner of said Lot 17; thence North 70°09'07" East for 20.00 feet to the Northwesterly corner of Lot 21 of said Block 105; thence along the Westerly line of Lots 21-32 South 19°50'53" East for 300.00 feet to the Southwesterly corner of Lot 32 of said Block 105; thence South 70°09'07" West for 20.00 feet to the Southeasterly corner of Lot 16 of said Block 105; thence along the Easterly line of said Lot 16 North 19°50'53" West for 140.00 feet to the Northeasterly corner of said Lot 16; thence along the Northerly line of lots 13-16 of said Block 105 South 70°09'07" West for 100.00 feet to the Point of Beginning. Containing 8,000 square feet 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 the City Council will decide whether to waive the requirements for an appraisal, title report, and compensation after the August 5, 2024, public hearing. Be It Further Resolved, that this Resolution shall take effect immediately. Resolution Setting PH for VAC 2024-001 - 3 PASSED by the City Council of the City of Pasco, Washington, this 1st day of July 2024. David Milne Mayor Pro Tem ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Krystle Shanks, CMC Kerr Ferguson Law, PLLC Deputy City Clerk City Attorneys }IMg & 42 ht #b &c¡ Nu y m n =N oO 5 ! ¢ A £ ¤ yFIT &4: jt #> +*./ ,20 2 12 {FKT § (/ ¨ gt)2&B { p 2) "2 ª« qv yFIU "A" !#2 2 2 2#$2%2 2 ' 2 (#&2 ~JPi &"4#3# jt .'. z p 2-2 © |FLRk "&6"2 gw c &c y 0 {FKV #+"8 6 gt bb& ] ¥EHM Q"#& 7#2" ¬gt $b*d gM Y^pZ X_IS ytHt :.& 2 2 ¦ yFJPj '#4C? lx %, y eWrP`Jf G\ar[s DD1. 9D9@-;<;