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HomeMy WebLinkAbout4834 Ordinance - Harris Road ROW Vacation - NOT RECORDEDOrdinance – Vacation No. VAC2026-001 - 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. 4834 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, VACATING HARRIS ROAD RIGHT-OF-WAY BETWEEN ROAD 103 AND BROADMOOR BOULEVARD, WITHIN THE BROADMOOR AREA 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 the vacation of Harris Road right-of-way between Road 103 and Broadmoor Boulevard, within the Broadmoor Area 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 April 6, 2026, pursuant to the PMC Section 12.40.040, the City passed Resolution No. 4726, 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, survey, and an appraisal of value and compensation unless waived by the City Council; and Ordinance – Vacation No. VAC2026-001 - 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, 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) has been met. Section 2. That a portion of right-of-way, as described in Exhibit A and depicted in Exhibit B, and as further described below, be and the same is hereby vacated; A PORTION OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 7, MARKED BY A NAIL IN CONCRETE IN CASE AT THE INTERSECTION OF HARRIS ROAD AND BROADMOOR BOULEVARD, BEING NORTH 00°03'04" WEST A DISTANCE OF 2666.65 FEET FROM THE SOUTHEAST Ordinance – Vacation No. VAC2026-001 - 3 CORNER OF SAID SECTION 7, MARKED BY A NAIL IN CONCRETE IN CASE AT THE INTERSECTION OF CHAPEL HILL AND BROADMOOR BOULEVARD, THENCE NORTH 00°03'30" WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 7 A DISTANCE OF 50.00 FEET TO A LINE BEING A PROJECTION OF THE NORTH RIGHT-OF- WAY MARGIN OF HARRIS ROAD PER WASHINGTON STATE DEPARTMENT OF TRANSPORTATION SR 182 COLUMBIA RIVER TO SR 395 I/C - SURFACING AND PAVING "AS CONSTRUCTED PLANS", WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CONTRACT NUMBER 2495, SHEETS 41-42 OF 186, APPROVED 03/14/82; THENCE SOUTH 89°15'11" WEST ALONG SAID PROJECTION LINE A DISTANCE OF 75.01 FEET TO THE WESTERLY RIGHT-OF-WAY MARGIN OF BROADMOOR BOULEVARD PER WASHINGTON STATE DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY AND LIMITED ACCESS PLANS, GOOSEGAP ROAD TO ROAD 68, SHEETS 15-17 AND 24 OF 24, WITH LATEST CUMULATIVE REVISION DATE OF 10/03/2003, AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY AND WESTERLY RIGHT-OF-WAY MARGINS OF SAID HARRIS ROAD THE FOLLOWING COURSES: THENCE SOUTH 89°15'11" WEST A DISTANCE OF 474.99 FEET; THENCE SOUTH 00°03'04" EAST A DISTANCE OF 286.93 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 950.00 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 819.20 FEET, WITH A DELTA ANGLE OF 49°24'26", A CHORD BEARING OF SOUTH 24°39'09" WEST, AND A CHORD LENGTH OF 794.06 FEET; THENCE SOUTH 49°21'22" WEST A DISTANCE OF 95.14 FEET; THENCE LEAVING SAID RIGHT-OF-WAY MARGINS OF HARRIS ROAD SOUTH 40°17'58" EAST A DISTANCE OF 104.32 FEET TO THE SOUTHERLY RIGHT-OF-WAY MARGIN OF SAID HARRIS ROAD; THENCE ALONG THE SOUTHERLY AND EASTERLY RIGHT-OF-WAY MARGINS OF SAID HARRIS ROAD THE FOLLOWING COURSES: THENCE NORTH 49°42'02" EAST A DISTANCE OF 105.57 FEET; THENCE NORTH 38°08'26" EAST A DISTANCE OF 393.91 FEET; THENCE NORTH 21°27'07" EAST A DISTANCE OF 107.75 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 1,050.00 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 394.06 FEET, WITH A DELTA ANGLE OF 21°30'11", A CHORD BEARING OF NORTH 10°42'01" EAST, AND A CHORD Ordinance – Vacation No. VAC2026-001 - 4 LENGTH OF 391.76 FEET; THENCE NORTH 00°03'04" WEST A DISTANCE OF 188.13 FEET; THENCE NORTH 89°15'11" EAST A DISTANCE OF 374.99 FEET TO SAID WESTERLY RIGHT-OF-WAY MARGIN OF BROADMOOR BOULEVARD; THENCE LEAVING SAID RIGHT-OF-WAY MARGINS OF HARRIS ROAD NORTH 00°03'04" WEST A DISTANCE OF 50.91 FEET; THENCE NORTH 00°03'30" WEST A DISTANCE OF 49.10 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 159,916 SQUARE FEET, 3.67 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. Section 3. That the City shall retain an easement and the right to exercise or grant easements with respect to the Harris Road right-of-way described in Section 2 above for the construction, repair and maintenance of public utilities and services. Section 4. That pursuant to PMC Chapter 12.40, the City Council hereby waives the requirements for an appraisal, title report, and compensation for the vacated right-of-way. Section 5. 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 6. 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 7. 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 8. 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. VAC2026-001 - 5 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: May 10, 2026 EXHIBIT A 400 Bradley Blvd, Ste 106 Richland, WA 99352 509.942.1600 Apex Companies, LLC apexcos.com SCALE:PROJECT NO.: DRAWN BY:SHEETCHECKED BY:OF DATE:VIS002-2501452904/20/2026 ROP/SAG BCH N/A 1 4 EXHIBIT A 400 Bradley Blvd, Ste 106 Richland, WA 99352 509.942.1600 Apex Companies, LLC apexcos.com SCALE:PROJECT NO.: DRAWN BY:SHEETCHECKED BY:OF DATE:VIS002-2501452904/20/2026 ROP/SAG BCH N/A 2 4 I-182 ( L W L I N E ) HA R R I S R O A D 0807 DESCRIPTION AREA BR O A D M O O R BO U L E V A R D Scale 1" = 200' 0 100 200 400 EXHIBIT B 18 17 0807 400 Bradley Blvd, Ste 106 Richland, WA 99352 509.942.1600 Apex Companies, LLC apexcos.com SCALE:PROJECT NO.: DRAWN BY:SHEETCHECKED BY:OF DATE:VIS002-2501452904/20/2026 ROP/SAG BCH 1" = 200' 3 4 EXHIBIT B 400 Bradley Blvd, Ste 106 Richland, WA 99352 509.942.1600 Apex Companies, LLC apexcos.com SCALE:PROJECT NO.: DRAWN BY:SHEETCHECKED BY:OF DATE:VIS002-2501452904/20/2026 ROP/SAG BCH N/A 4 4