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HomeMy WebLinkAbout4727 Ordinance - Alvarado Place ROW Vacation (VAC 2024-002) - RECORDEDOrdinance – VAC 2024-002 - Alvarado ROW 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. 4727 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, VACATING A 20-FOOT RIGHT-OF-WAY ALONG THE EASTERN PROPERTY LINE OF LOT 1 OF SHORT PLAT 94-7 LOCATED APPROXIMATELY 300 FEET EAST OF THE INTERSECTION OF ROAD 100 AND WEST COURT STREET. 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 Right-of-Way along the eastern property line of Lot 1 of Short Plat 94-7 located approximately 300 feet east of the intersection of Road 100 and West Court Street 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 August 5, 2024, pursuant to the PMC Section 12.40.040, the City passed Resolution No. 4480, 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 the public right-of-way; and WHEREAS, the City held a public hearing on the proposed vacation on September 16, 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 – VAC 2024-002 - Alvarado ROW 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 meet one or more 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), as applicant has submitted a preliminary plat application (PP 2024- 005) in conjunction with this ROW Vacation; and the City will require dedication and development of substitute right-of-way of at least equal to the right-of-way to be vacated as condition of the proposed plat; and 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 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; All that portion of that certain 20.00-foot Right-of-Way as shown lying Easterly of and adjacent to Lot 1 of Short Plat 94-7, as recorded under Volume 1 of Short Plats at Page 334 records of Franklin County with the Southern boundary of Right-of- Way to be vacated being the Southeasterly extension of the Southerly line of said Lot 1 and the Northerly boundary of said Vacation being the Easterly extension of said Lot 1, all located in a portion of the Northwest Quarter and a portion of Government Lot 1 of the Northwest Quarter of Section 20, Township 9 North, Range 29 E, Willamette Meridian, Franklin County, Washington; Ordinance – VAC 2024-002 - Alvarado ROW 3 Comprising approximately 7,643 square feet.. Section 2. That the City shall retain an easement and the right to exercise or grant easements consisting of the western 20 feet adjacent the eastern property line of said Short Plat 94-7. Section 3. That pursuant to PMC Chapter 12.40, the City Council 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. 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 16th day of September, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, MMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: September 22, 2024 EXHIBIT "A"