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HomeMy WebLinkAbout3978 Ordinance - Recorded Zona G. Lenhart.Auditor.Franklin County.WA. AFN#1759874 Recorded 121012010 at 11:18 APA DocType:ORDIN 3 Pagels)Filing Instrument$64.00 Recorded at the request of:PASCO CITY OF WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3' Pasco, WA 99301 ORDINANCE NO. 3978 AN ORDINANCE VACATING A PORTION OF HOLDEN STREET AND FRONT AVENUE. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and 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; and WHEREAS, on November 15, 2010 the City Council tabled action on Ordinance 3978 to December 6, 2010; 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 all of Holden Street lying westerly of the west right-of-way line of Main Avenue and all of unvacated Front Avenue adjacent to Blocks 97 and 98, Pasco Land Company's First Addition, as depicted in Exhibit"1" be and the same are hereby vacated subject to the conditions identified in Section 2 in consideration of the City's waiver of its right of compensation as provided in RCW 35.79.030 and subject to the easement retained in Section 3 hereof. Section 2. That the petitioners shall comply with the following requirements: A. The petitioners, at no cost to the public, shall close Holden Street west of the west right-of-way line of Main Avenue by installing curb and gutter across Holden Street; B. Plans for said curb and gutter shall be designed by a professional engineer and approved for construction by the City Engineer; C. All pavement and road bed damaged by the construction of the new curb and gutter as-well-as all areas between the existing undamaged roadway and the new curb and 1 gutter shall be rebuilt and paved meeting the Standard Specification of the City of Pasco and as approved by the City Engineer; D. The petitioners, at no cost to the public, shall modify/relocate stormwater catch basins and stormwater piping impacted by the redesign of the Holden Street/Main Avenue intersection and install additional curb and gutter; E. The petitioners, at no cost to the public, shall disconnect the existing stormwater catch basins in vacated Holden Street from the public drainage system and shall install a private stormwater system; F. Plans for said stormwater modifications shall be designed by a professional engineer and approved for construction by the City Engineer; G. The petitioners shall be solely responsible for the relocation and reconstruction of the Oxarc driveway impacted by the street vacation; H. The street vacation described in Section 1 above shall be null and void if the requirements listed in Section 2 herein are not completed by October 31, 2011. Section 3. That the City shall retain an easement and the right to exercise or grant easements with respect to the vacated right-of-way described in Section 1 above for the construction,repair and maintenance of public utilities and services. Section 4. 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 5. 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,this 6th day of December 2010. Matt Watkins Mayor AT ES . APP R AS TO FORM: De ra . Clark Leland B. Kerr City Clerk City Attorney 2 Exhibit Item• Vacation - Holden St/Front Ave #1 Applicant: Oxarc N File #: VAC 10-006 *41 0 w N W Area �i Vacated \� "All ST