HomeMy WebLinkAbout4814 Ordinance Westerly 20 Tierra Vida Phase 1 ROW Vacation - NOT RECORDED
Ordinance – Vacation No. VAC2025-003 - 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. 4814
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
VACATING THE WESTERLY 20 FEET OF TIERRA VIDA PHASE ONE, AS
ESTABLISHED BY AUDITOR’S FILE NUMBER 1691585, PROVIDING FOR
SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE.
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 the westerly 20 feet of the right-of-way dedicated
through the Tierra Vida Phase One Final Plat, as established by Auditor’s File Number 1691585
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 January 5, 2026, pursuant to the PMC Section 12.40.040, the City passed
Resolution No. 4692, 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 February 17,
2026; 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 – Vacation No. VAC2025-003 - 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 requ est 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 an appraisal of value and compensation pursuant to PMC Section 12.40.120(2),
as the right-of-way was acquired at no cost to the City and is landlocked, and the resulting benefit
to the community outweighs 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;
THAT PORTION OF THAT 20.00' WIDE STRIP DEDICATED AS PUBLIC
ROAD RIGHT OF WAY ON THE PLAT OF TIERRA VIDA, PHASE ONE,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME D OF
PLATS, PAGE 317, RECORDS OF FRANKLIN COUNTY, WASINGTON,
SITUATE IN THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 9
NORTH, RANGE 30 EAST, WILLAMETTE MERIDIAN, CITY OF PASCO,
FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 27;
THENCE NORTH 0°03'30" EAST 485.01 FEET ALONG THE WEST LINE OF
SAID SECTION 27 TO THE WESTERLY MOST SOUTHWEST CORNER OF
Ordinance – Vacation No. VAC2025-003 - 3
SAID PLAT OF TIERRA VIDA PHASE ONE AND THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 0°03'30" EAST 355.11 FEET
ALONG THE WEST LINE OF SAID PLAT TO THE WESTERLY MOST
NORTHWEST CORNER THEREOF; THENCE SOUTH 89°00'18" EAST 20.00
FEET ALONG THE NORTH LINE OF SAID PLAT TO THE NORTHWEST
CORNER OF LOT 6 OF SAID PLAT; THENCE SOUTH 0°03'30" WEST 354.88
FEET ALONG THE WEST LINES OF LOTS 6, 5, AND 4 OF SAID PLAT TO
THE SOUTHWEST CORNER OF SAID LOT 4; THENCE NORTH
89°38'17"WEST 20.00 FEET ALONG THE SOUTH LINE OF SAID PLAT TO
THE POINT OF BEGINNING.
Section 2. That pursuant to PMC Chapter 12.40, the City Council hereby waives the
requirements for an appraisal and compensation for the vacated right-of-way.
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.
Ordinance – Vacation No. VAC2025-003 - 4
PASSED by the City Council of the City of Pasco, Washington this 17th day of February
17th, 2026.
Charles Grimm
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Krystle Shanks, CMC Ogden Murphy Wallace, PLLC
Deputy City Clerk City Attorney
Published: February 22, 2026
EXHIBIT‘A’
LEGAL DESCRIPTION
PUBLIC ROAD RIGHT OF WAY VACATION
THAT PORTION OF THAT 20.00'WIDESTRIP DEDICATED AS PUBLICROAD RIGHTOF WAY ON THE
PLATOF TIERRAVIDA,PHASE ONE,ACCORDING TO THE PLATTHEREOF RECORDED IN VOLUMED
OF PLATS,PAGE 317,RECORDS OF FRANKLINCOUNTY,WASINGTON,SITUATEIN THE
SOUTHWESTQUARTEROF SECTION 27,TOWNSHIP 9 NORTH,RANGE30 EAST,WILLAMETI'E
MERIDIAN,CITYOF PASCO,FRANKLINCOUNTY,WASHINGTON,DESCRIBEDAS FOLLOWS:
COMMENCINGAT THE SOUTHWESTCORNER OF SAID SECTION 27;THENCE NORTH 0°03’30”
EAST485.01 FEETALONG THE WEST LINEOF SAID SECTION 27 TO THE WESTERLY MOST
SOUTHWESTCORNER OF SAID PLAT OF TIERRAVIDA PHASE ONE AND THE POINT OF
BEGINNING;THENCE CONTINUINGNORTH 0°03’30”EAST355.11 FEETALONG THE WEST LINE
OF SAID PLATTO THE WESTERLYMOST NORTHWEST CORNER THEREOF;THENCE SOUTH
89°00’18”EAST20.00 FEETALONG THE NORTH LINEOF SAID PLATTO THE NORTHWESTCORNER
OF LOT6 OF SAID PLAT;THENCE SOUTH 0°03’30”WEST 354.88 FEETALONG THE WEST LINES OF
LOTS 6,5,AND 4 OF SAID PLATTO THE SOUTHWEST CORNER OF SAID LOT 4;THENCE NORTH
89°38’1 7”WEST 20.00 FEETALONG THE SOUTH LINE OF SAID PLATTO THE POINT OF
BEGINNING.
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