HomeMy WebLinkAbout4801 Ordinance - McCarthey St ROW Vacation (VAC2024-005)
Ordinance McCarthey St ROW Vacation (VAC2024-005) - 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. __________
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
VACATING PORTIONS OF MCCARTHEY STEET, ALLEYWAY, AND N
IDAHO AVENUE RIGHT-OF-WAY IN FREY’S ADDITION TO PASCO.
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 portions of McCarthey Steet, alleyway, and N Idaho
Avenue Right-of-Way in Frey’s Addition to Pasco 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, the City deems it appropriate to extend the vacation area to include portions
of street and alley rights-of-way surrounding McCarthey Street and N Idaho Avenue in Frey’s
Addition Pasco plat so as to maintain ROW continuity in McCarthey Street and N Idaho Avenue;
and
WHEREAS, on October 20, 2025, pursuant to the PMC Section 12.40.040, the City passed
Resolution No. 4668, 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 November 17,
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
4801
Ordinance McCarthey St ROW Vacation (VAC2024-005) - 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;
McCarthey St Vacation North:
Beginning at the Southeast corner of Block 63 of said “Frey’s Addition to Pasco”
Thence South 00°26’18” East along the Westerly Right-of-way line of N. Idaho
Ave, 23.99 feet;
Thence South 89°33’42” West, 68.10 feet;
Thence North 70°09’36” East, 72.20 feet to the POINT OF BEGINNING;
Containing 817 square feet, more or less.
Alley Vacation North:
Beginning Northwest corner of said Southeast Quarter;
Ordinance McCarthey St ROW Vacation (VAC2024-005) - 3
Thence North 89°51’14” East along the North line of said Southeast Quarter,
10.00 feet to the Northwest corner of said Block 63:
Thence South 00°26’18” East along the West line of said Block 63, 319.83 feet;
Thence South 89°33’42” West, 10.00 feet to the West line of said Southeast
Quarter;
Thence North 00°26’18” West along the West line of said Southeast Quarter,
319.88 feet to the POINT OF BEGINNNING;
Containing 3,199 square feet, more or less.
McCarthey and Alley Vacation South:
Beginning at the Northeast corner of Block 62;
Thence North 00°26’18” West on the Northerly extension of the East line of said
Block 62, 0.83 feet;
Thence South 89°33’42” West, 135.00 feet to the West line of said Southeast
Quarter;
Thence South 00°26’18” East along the West line of said Southeast Quarter, 405.58
feet;
Thence along the arc of a 246.50 foot radius non-tangent curve to the left, the long
chord of which bears South 26°09’01” East for a chord distance of 23.05 feet
through a central angle of 05°21’34” for an arc distance of 23.06 feet to the
Southerly extension of the West line of said Block 62;
Thence North 00°26’18” West along the West line of said Block 62 and the
Southerly extension thereof, 381.49 feet to the Southerly Right-of-Way line of
McCarthey Street as shown in said “Frey’s Addition to Pasco”;
Thence North 70°09’36” East along said Southerly Right-of-Way line, 132.53 feet
to the POINT OF BEGINNING;
Containing 7,019 square feet, more or less.
Main St. Vacation South:
Beginning at the Northeast corner of Block 62:
Thence South 00°26’18” East along the East line of Block 62, 125.97 feet to the
TRUE POINT OF BEGINNING;
Thence along the arc of a 200.00 foot radius non-tangent curve to the left, the long
chord of which bears South 24°03’18” East for a chord distance of 160.25 feet,
through a central angle of 47°14’00” for an arc distance of 164.88 feet;
Thence South 47°40’18” East, 47.70 feet;
Thence South 12°14’48” East, 57.23 feet to the Northerly Right-of-Way line of
Oregon Avenue;
Thence along said Northerly Right-of-Way lien along the arc of a 1,196.00 foot
radius non-tangent curve to the left, the long chord of which bears South 23°56’55”
West for a chord distance of 8.30 feet, through a central angle of 00°23’51” for an
arc distance of 8.30 feet;
Thence North 19°50’24” West, 83.53 feet;
Thence South 70°09’36” West, 84.55 feet;
Ordinance McCarthey St ROW Vacation (VAC2024-005) - 4
Thence North 00°26’18” West, 192.09 feet to the TRUE POINT OF BEGINNING;
Containing 6,008 square feet, more or less.
Section 2. That the City shall retain an easement and the right to exercise or grant
easements adjacent to McCarthey Street and N Idaho Avenue.
Section 3. That pursuant to PMC Chapter 12.40, the City Council does not waive the
requirements for a survey 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, this 17th day of November,
2025.
_____________________________
David Milne
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, MMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________ Sunday, November 23, 2025
Exhibit A