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HomeMy WebLinkAbout3541 Ordinance - Recorded 1624280 Page: 1 of 2 05/12/2003 02:59P PASCO CITY OF ORDIN 20.00 Franklin Co, WA ORDINANCE NO. 3541 AN ORDINANCE of the City of Pasco, Washington amending Ordinance No. 3474, concerning the vacation of a portion of South Ninth Avenue and the north/south alley in Block 4, Pettit's Addition. WHEREAS, the City had heretofore adopted Ordinance No. 3474 providing for the vacation of a portion of South Ninth Avenue and the north/south alley in Block 4, Pettit's Addition, conditioned upon the improvements to be made by Gaylord Real Estate, LLC; and WHEREAS, additional time is required to complete the improvements required of Gaylord Real Estate, LLC, and it being determined to be in the best interest of the citizens of the City of Pasco to permit such extensions by amending Ordinance No. 3474; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Ninth Avenue from the south right-of-way line of Lewis Street to the north right-of-way line of Columbia Street, together with the north/south alley in Block 4, Pettit's Addition, as depicted in Exhibit "1" be and the same are hereby vacated subject to the conditions identified in Section 2 hereof. Section 2. That Gaylord Real Estate, LLC, shall comply with the following requirements: A. The Gaylord Real Estate, LLC, at not cost to the utility providers, shall relocate all existing utilities within the vacated street and alley right-of-way to the satisfaction of the utility providers. Satisfaction of the relocation shall be demonstrated in writing from each utility provider; B. Gaylord Real Estate, LLC, shall provide utility providers with the necessary easements for relocated utilities as needed; C. The City shall retain an easement and the right to exercise or grant easements with respect to the vacated South Ninth Avenue, for the construction, repair and maintenance of public utilities and services. This easement and the right to exercise or grant easements shall expire upon the completion of the requirements identified in subsections "A" and "B" Upon satisfactory completion ` JF- 1624280 11111 oil 11111111111111110 311111 /12/200 Page: 2 of 2 PASCO CITY OF ORDIN 20.00 F05 nkiin Co WA'59P the City of Pasco shall file a document with the Franklin County Auditor stating the requirements in subsection "A" and "B" have been completed to the satisfaction of the City of Pasco; and D. The street and alley vacation shall be null and void if the requirements identified in subsections "A' and "B" have not completed by February 1, 2003; 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. This ordinance shall be in full force and effect after passage and publication as required by law. PASSED by the City Council of the City of Pasco at a regular meeting this 6th day of May, 2002. Michael L. mson, Mayor ATTEST: APP D TO FORM: Webster U. Jack n, City Clerk Leland B. Kerr, City Attorney