HomeMy WebLinkAbout4621 Resolution - Setting a PH for Big Sky Developers LLC Easement Vacation (VAC_2025-001)Resolution Setting PH for Easement Vacation (VAC 2025-001) - 1
RESOLUTION NO. 4621
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON
SETTING 7:00 PM, AUGUST 18, 2025, AS THE TIME AND DATE FOR A
PUBLIC HEARING TO CONSIDER THE VACATION OF THE EASTERN
THREE FEET OF THE EASEMENT ESTABLISHED BY AUDITOR’S FILE
NUMBER 487139, ORIGINALLY GRANTED BY THE NORTHERN PACIFIC
RAILWAY COMPANY..
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City of Pasco, the City Council may vacate easements relating to street,
pedestrian, or travel purposes; and
WHEREAS, a petition for vacation of the eastern three feet of the easement established
by Auditor’s File Number 487139, originally granted by the Northern Pacific Railway Company
by owners of two-thirds of the property underlying the portion of the easement 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, 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 Easement Vacation (VAC 2025-001) - 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 18th day of August 2025:
EASEMENT VACATION
PARCEL NO. 114330052 AND 114330053
ALL THAT PORTION OF LOTS 2 AND 3 AS DEPICTED AND DESCRIBED
ON RECORD OF SURVEY FOR PLAT EXEMPTION RECORDED IN
VOLUME 4 OF SURVEYS AT PAGE 327, UNDER AUDITOR’S FILE
NUMBER 1964751, RECORDS OF FRANKLIN COUNTY, WASHINGTON
LYING WITHIN THE EAST 3.00 FEET OF THE WEST 30.00 FEET OF THE
SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 9 NORTH, RANGE 29
EAST.
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 18, 2025, public
hearing.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this 7th day of July,
2025.
APPROVED AS TO FORM:
___________________________
Kerr Ferguson Law, PLLC
David Milne
Mayor Pro Tem
ATTEST:
_____________________________
Debra Barham, MMC
City Clerk City Attorneys
N
5804 Road 90,
Suite H,
Pasco, WA 99301
509.380.5883 TEL
509.380.5885 FAX
EXHIBIT "A"