HomeMy WebLinkAbout4855 Ordinance - Portion of Road 108 ROW Vacation (VAC2026-002) - RECORDEDOrdinance 4855 – Vacation No. VAC2026-002 - 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. 4855
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
VACATING A PORTION OF THE ROAD 108 PUBLIC RIGHT-OF-WAY
DEDICATED UNDER AUDITOR’S FILE NOS. 1918957 AND 1956207;
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 vacation of a portion of the Road 108 right-of-way dedicated
under Auditor’s File Nos. 1918957 and 1956207 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 August 3, 2026, pursuant to the PMC Section 12.40.040, the City passed
Resolution No. 4772, 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 September 8,
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 4855 – Vacation No. VAC2026-002 - 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 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 further described
in Exhibit A, depicted in Exhibit B, and further described by the Curve Table in Exhibit C, all
attached hereto, be and the same is hereby vacated;
A VARIABLE WIDTH PORTION OF ROAD 108 RIGHT-OF-WAY
DEDICATED PER SHORT PLAT NUMBER 2020-22 RECORDED IN
VOLUME 2 OF SHORT PLATS AT PAGES 361-362 UNDER FRANKLIN
COUNTY AUDITOR'S FILE NUMBER 1918957 AND PER DEDICATION
DEED TO FRANKLIN COUNTY RECORDED UNDER FRANKLIN
COUNTY AUDITOR'S FILE NUMBER 1956207, LOCATED IN THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6,
TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE
Ordinance 4855 – Vacation No. VAC2026-002 - 3
MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER OF SAID SECTION 6, MARKED BY A 2-1/2
INCH ALUMINUM CAP STAMPED: "SURVEYJOE LS 20100532", BEING
NORTH 00°55'29" EAST A DISTANCE OF 2660.55 FEET FROM THE
SOUTH QUARTER CORNER OF SAID SECTION 6, MARKED BY A 3 INCH
BRASS CAP, THENCE NORTH 89"18'23" EAST ALONG THE NORTH LINE
OF THE SOUTHEAST QUARTER OF SAID SECTION 6 A DISTANCE OF
30.01 FEET TO THE EAST RIGHT-OF-WAY MARGIN OF SAID ROAD 108;
THENCE SOUTH 00°55'29" WEST ALONG SAID EAST RIGHT-OF-WAY
MARGIN A DISTANCE OF 160.94 FEET;
THENCE SOUTH 89°22'44" WEST A DISTANCE OF 7.53 FEET TO A POINT
OF CURVATURE WITH A TANGENT CURVE TURNING TO THE RIGHT,
HAVING A RADIUS OF 20.00 FEET; THENCE ALONG SAID CURVE,
HAVING AN ARC LENGTH OF 28.77 FEET, WITH A DELTA ANGLE OF
82"25'05", A CHORD BEARING OF NORTH 49"24'44" WEST, AND A
CHORD LENGTH OF 26.35 FEET;
THENCE NORTH 08"12'11" WEST A DISTANCE OF 67.75 FEET TO A
POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE
RIGHT, HAVING A RADIUS OF 480.04 FEET; THENCE ALONG SAID
CURVE, HAVING AN ARC LENGTH OF 76.50 FEET, WITH A DELTA
ANGLE OF 09°07'49", A CHORD BEARING OF NORTH 03"38'16" WEST,
AND A CHORD LENGTH OF 76.42 FEET TO THE NORTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 6;
THENCE NORTH 89°19'04" EAST ALONG SAID NORTH LINE A
DISTANCE OF 14.65 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
A VARIABLE WIDTH PORTION OF ROAD 108 RIGHT-OF-WAY
DEDICATED PER SHORT PLAT NUMBER 2020-22 RECORDED IN
VOLUME 2 OF SHORT PLATS AT PAGES 361-362 UNDER FRANKLIN
COUNTY AUDITOR'S FILE NUMBER 1918957, LOCATED IN THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6,
TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE
MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 6, MARKED BY A 2-
1/2 INCH ALUMINUM CAP STAMPED: "SURVEYJOE LS 20100532",
BEING NORTH 00°55'29" EAST A DISTANCE OF 2660.55 FEET FROM THE
SOUTH QUARTER CORNER OF SAID SECTION 6, MARKED BY A 3 INCH
BRASS CAP,
Ordinance 4855 – Vacation No. VAC2026-002 - 4
THENCE NORTH 89"18'23" EAST ALONG THE NORTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 6 A DISTANCE OF 30.01 FEET
TO THE EAST RIGHT-OF-WAY MARGIN OF SAID ROAD 108;
THENCE SOUTH 00"55'29" WEST ALONG SAID EAST RIGHT-OF-WAY
MARGIN A DISTANCE OF 224.18 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING SOUTH 00"55'29" WEST ALONG SAID EAST
RIGHT-OF-WAY MARGIN A DISTANCE OF 114.51 FEET TO A POINT ON
THE ARC OF A NON TANGENT CURVE TURNING TO THE LEFT,
HAVING A RADIUS OF 771.32 FEET; THE RADIUS POINT OF WHICH
BEARS SOUTH 89"22'56" WEST; THENCE ALONG SAID CURVE, HAVING
AN ARC LENGTH OF 95.45 FEET, WITH A DELTA ANGLE OF 07"05'26", A
CHORD BEARING OF NORTH 04"09'47" WEST, AND A CHORD LENGTH
OF 95.39 FEET TO A POINT OF REVERSE CURVATURE TURNING TO
THE RIGHT, HAVING A RADIUS OF 20.00 FEET, THENCE ALONG SAID
CURVE, HAVING AN ARC LENGTH OF 22.41 FEET, WITH A DELTA
ANGLE OF 64"10'47", A CHORD BEARING OF NORTH 24"22'54" EAST,
AND A CHORD LENGTH OF 21.25 FEET TO THE TRUE POINT OF
BEGINNING.
HAVING A TOTAL COMBINED AREA OF 6,316 SQUARE FEET, 0.14
ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF
RECORD.
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
regulations; or numbering or referencing of ordinances or their sections and subsections.
Ordinance 4855 – Vacation No. VAC2026-002 - 5
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 8th day of September,
2026.
Charles Grimm
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Gabriela Sanchez Ogden Murphy Wallace, PLLC
City Clerk City Attorney
Published: Sunday, September 13, 2026
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