HomeMy WebLinkAbout4794 Ordinance - Rocky Hills Management LP-ROW Vacation (VAC2025-002)Ordinance - Right-of-Way Vacation (VAC2025-002) 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. 4794
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
VACATING A PORTION OF ROAD 104 RIGHT-OF-WAY, AS
ESTABLISHED BY SPECIAL WARRANTY DEED UNDER FRANKLIN
COUNTY 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 (ROW);
and
WHEREAS, a petition for vacating a portion of Road 104 ROW, as established by Special
Warranty Deed under Auditor’s File Number 505754, has been submitted to the City by owners
of more than two-thirds of the properties abutting the portion of the ROW to be vacated per Pasco
Municipal Code (PMC); and
WHEREAS, on September 2, 2025, pursuant to the PMC Section 12.40.040, the City
passed Resolution No. 4644, 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 ROW; and
WHEREAS, the City held a public hearing on the proposed vacation on October 20, 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 - Right-of-Way Vacation (VAC2025-002) 2
WHEREAS, pursuant to PMC Section 12.40.110 the City may waive the requirement for
a survey if the location and legal description of the street or alley proposed for vacation is
sufficiently known to the City so that an accurate legal description of the proposed vacation can
be known with certainty; and
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 ROW is not essential to public traffic
circulation and is available for vacation; the grant of a substitute ROW has value as a ROW at least
equal to the ROW to be vacated; or the resulting benefit to the community of the project requiring
the vacation outweighs the appraised value of the ROW to be vacated; and
WHEREAS, the proposed vacation does meet the above listed criteria for waiver of the
requirements for a survey pursuant to PMC Section 12.40.110, and 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 ROW; and
WHEREAS, the City Council may approve a ROW vacation upon making findings
pursuant to PMC Section 12.40.070(1)-(4), that the vacation of the ROW 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 ROW 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 ROW, as described below and as depicted in Exhibit A
be and the same is hereby vacated;
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:
Ordinance - Right-of-Way Vacation (VAC2025-002) 3
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 VOLUME “D” OF
PLATS, PAGE 19, IN FRANKLIN COUNTY, WASHINGTON.
Comprising approximately 13,932 square feet (0.32 acres).
Section 2. That pursuant to PMC Chapter 12.40, the City Council waives the
requirements for an appraisal, survey, and compensation for the vacated ROW.
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 regulations; 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.
Ordinance - Right-of-Way Vacation (VAC2025-002) 4
PASSED by the City Council of the City of Pasco, Washington this 20th day of October,
2025.
_____________________________
David Milne
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, MMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: Sunday, October 26, 2025