HomeMy WebLinkAbout4772A Ordinance - Wondrack ROW Vacation (VAC2024-003) Scriveners Error
Ordinance ROW Vacation (VAC 2024-003) - 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. 4772A
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
VACATING A PORTION OF RIGHT-OF-WAY ALONG NORTH 4TH
AVENUE.
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 portion of North 4th Avenue 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 May 19, 2025, pursuant to the PMC Section 12.40.040, the City passed
Resolution No. 4602, 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 June 16, 2025
May 19, 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
SCRIVENER’S ERROR
This Ordinance corrects a scrivener’s error in Ordinance No. 4772
The text highlighted in yellow on Page 1 is the correction.
Ordinance ROW Vacation (VAC 2024-003) - 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 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 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 right-of-way; 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 be and the same is hereby vacated;
The South 250 Feet of that Portion of the Northwest Quarter of the Northwest
Quarter of Section 20, Township 9 North, Range 30 East, W.M., lying west of
North Fourth Avenue (Formerly State Highway No. 11), except the West 230 Feet
of the South 150 Feet and except the West 248 Feet of the North 100 Feet of the
South 250 Feet and except North Fifth Avenue (formerly Arthur Street).
Section 2. That the City shall retain the right to exercise or grant easements adjacent
to North 4th Avenue.
Ordinance ROW Vacation (VAC 2024-003) - 3
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 regulation s; 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, on this 16th day of June,
2025.
_____________________________
David Milne
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: Sunday, June 22, 2025