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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 LU LHDI H UIQ 6,MARKEDB Y IHI‘IUE Ul'LUUU. A 3 INCH BRA S