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HomeMy WebLinkAbout4644 Resolution - Setting PH for Rocky Hills Management LP Road 104 ROW Vacation (VAC2025-002) Resolution Setting PH for ROW Vacation (VAC2025-002) - 1 RESOLUTION NO. 4644 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON SETTING 7:00 PM, OCTOBER 20, 2025, AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF ROAD 104 RIGHT-OF-WAY, AS ESTABLISHED BY SPECIAL WARRANTY DEED UNDER AUDITOR’S FILE NUMBER 505754. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City of Pasco (City), the City Council may vacate rights-of-way; and WHEREAS, a petition for vacation of a portion of Road 104 right-of-way, as established by special warranty deed under auditor’s file number 505754 by owners of more than two-thirds abutting the part of the street and alley 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, as part of a portion of Road 104 right-of-way, as established by special warranty deed under auditor’s file number 505754 is sufficiently known to the City such that a legal description is capable of being produced without the need for a survey; and WHEREAS, pursuant to PMC Section 12.40.120(2), 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 ROW Vacation (VAC2025-002) - 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 20th day of October 2025: RIGHT OF WAY VACATION ALL THAT PORTION OF RIGHT-OF-WAY ESTABLISHED BY SPECIAL WARRANTY DEED RECORDED UNDER AUDITOR’S FILE NUMBER 505754, DESCRIBED AS FOLLOWS: A PORTION OF TRACT “A” OF PEPPERMINT TERRACE 3RD ADDITION. BEING THE 60 FEET ALONG THE WESTERLY LINE OF TRACT “A” OF PEPPERMINT TERRACE 3RD ADDITION FOR ROAD RIGHT-OF-WAY ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUMBE “D” OF PLATS, PAGE 19, IN FRANKLIN COUNTY, WASHINGTON. Comprising approximately 13,932 square feet (0.32 acres). 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 October 20, 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 2nd day of September, 2025. David Milne Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, MMC Kerr Ferguson Law, PLLC City Clerk City Attorneys EXHIBIT "A"