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"