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HomeMy WebLinkAbout4782 Ordinance - Big Sky Developers Easement Vacation (VAC2025-001)Ordinance - Easement Vacation (VAC 2025-001) 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. 4782 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, VACATING 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, the City Council may vacate easements; and WHEREAS, a petition for vacating the eastern three feet of the easement established by Auditor’s File Number 487139, originally granted by the Northern Pacific Railway Company has been submitted to the City by owners of more than two-thirds of the properties abutting the portion of the easement to be vacated per Pasco Municipal Code (PMC); and WHEREAS, on July 7, 2025, pursuant to PMC Section 12.40.040, the City passed Resolution No. 4621, 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 easement; and WHEREAS, the City held a public hearing on the proposed vacation on August 18, 2025; 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 - Easement Vacation (VAC 2025-001) 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 easement to be vacated; and WHEREAS, the proposed vacation does meet the above listed criteria for waiver of the requirements for an appraisal of value, and compensation pursuant to PMC Section 12.40.120(2) as it was acquired without cost to the City and the resulting benefit to the community, in terms of increased traffic safety as a direct result of safer turn radius, will outweigh any value of the vacated easement; and WHEREAS, the City Council may approve an easement vacation upon making findings pursuant to PMC Section 12.40.070(1)-(4), that the vacation of the easement will not adversely affect traffic accessibility and circulation within the immediate area or with the City as a whole; the right of way 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 easement have been duly taken and performed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the eastern three feet of the easement established by Auditor’s File Number 487139, originally granted by the Northern Pacific Railway Company, as described below and as depicted in Exhibit A be and the same is hereby vacated; 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. Comprising approximately 4,155 square feet (0.1 acres) Section 2. That pursuant to PMC Chapter 12.40, the City Council waives the requirements for an appraisal, and compensation for the vacated easement. 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 18th day of August, APPROVED AS TO FORM: ___________________________ Kerr Ferguson Law, PLLC City Attorneys 2025. _____________________________ David Milne Mayor ATTEST: _____________________________ Debra Barham, CMC City Clerk Published: _____________________________ Ordinance - Easement Vacation (VAC 2025-001) 3 Sunday, August 24, 2025 N 5804 Road 90, Suite H, Pasco, WA 99301 509.380.5883 TEL 509.380.5885 FAX EXHIBIT "A"