HomeMy WebLinkAbout4833 Ordinance - Dietrich Rd ROW Vacation - NOT RECORDEDOrdinance – Vacation No. VAC2025-004 - 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. 4833
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
VACATING THE PORTION OF DIETRICH ROAD RIGHT-OF-WAY
LOCATED SOUTH OF COMMERCIAL AVENUE AND NORTH OF THE US-
12 RIGHT OF WAY.
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 portion of Dietrich Road right-of-way located
south of Commercial Avenue and north of the US 12 right-of-way has been submitted to the City
by owners of at least two-thirds of the properties abutting the portion of the right-of-way to be
vacated per Pasco Municipal Code (PMC); and
WHEREAS, on April 13, 2026, pursuant to the PMC Section 12.40.040, the City passed
Resolution No. 4727, 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 May 4, 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. VAC2025-004 - 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 an appraisal of value and compensation pursuant to PMC Section 12.40.120(2),
as the right-of-way to be vacated was previously determined by the City Council not to be essential
for public traffic circulation and available for vacation; 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, 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. The City Council finds that the required criteria of the PMC Section
12.40.070(1)-(4) have been met and that a portion of right-of-way, as depicted in Exhibit A, is
hereby vacated;
Section 2. That pursuant to PMC Chapter 12.40, the City Council hereby imposes the
requirements for 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
Ordinance – Vacation No. VAC2025-004 - 3
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.
PASSED by the City Council of the City of Pasco, Washington this 4th day of May, 2026.
Charles Grimm
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Krystle Shanks Ogden Murphy Wallace, PLLC
Deputy City Clerk City Attorney
Published: Sunday, May 10, 2026
WSDOT
2809 Rudkin Road, Union Gap WA 98903
509 577 1626
randy.giles@wsdot.wa.gov
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