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Home My WebLink About4721 Ordinance - MACA LLC Alley Vacation (VAC 2024-001) - RECORDED Ordinance: MACA LLC Alley Vacation (VAC 2024-001) - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. 4721 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, VACATING 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, the City Council may vacate rights-of-way (ROW); and WHEREAS, a petition for vacating 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, 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 July 1, 2024, pursuant to the PMC Section 12.40.040, the City passed Resolution No. 4470, 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 the public right-of-way; and WHEREAS, the City held a public hearing on the proposed vacation on August 5, 2024; 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: MACA LLC Alley Vacation (VAC 2024-001) - 2 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 not meet any of 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); 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, attached hereto, be and the same is hereby vacated: Alley 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. Section 2. That pursuant to PMC Chapter 12.40, the City Council does not waive the requirements for an appraisal, title report, survey, and compensation for the vacated right-of-way. Section 3. 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 4. 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 5. 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 regulation s; or numbering or referencing of ordinances or their sections and subsections. Section 6. 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 5th day of August, APPROVED AS TO FORM: ___________________________ Kerr Ferguson Law, PLLC City Attorneys 2024. _____________________________ Pete Serrano Mayor ATTEST: _____________________________ Debra Barham, MMC City Clerk Published: Sunday, August 11, 2024 Ordinance: MACA LLC Alley Vacation (VAC 2024-001) - 3 }IMg & 42 ht #b &c¡ Nu ym n =N oO 5 ! ¢ A £ ¤ yFIT &4: jt #> +*./ ,20 2 12 {FKT § &#6(/ ¨ gt)2&B {p 2) "2 ª« qv yFIU "A" !#2 2 2 2#$2%2 2 ' 2 (#&2 ~JPi &"4#3# jt .'. zp 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@-;<;