HomeMy WebLinkAbout1950 Ordinance - RecordedOD
ORDINANCE NO. 1950
AN ORDINANCE vacating McCarthy Street between Main and Oregon Avenues;
California Avenue lying northerly of Oregon Avenue between
blocks 61 and 64, and 60 and 65, Plat of Frey's Addition;
Montana Avenue lying northerly of Oregon Avenue between
blocks 65 and 66, Plat of Frey's Addition; that portion
of the north -south alley lying in block 60, Plat of Frey's
Addition lying northerly of State Highway right-of-way;
the north -south alley lying in block 64, Plat of Frey's
Addition; and the north -south alley lying in block 65,
Plat of Frey's Addition.
WHEREAS, all steps and proceedings required by law and by
resolution of the Council of the City of Pasco to vacate the portions
of the streets and alleys hereafter named have been duly taken and
performed; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS:
Section 1. That the following described streets and alley:
McCarthy Street between Main and Oregon Avenues;
California Avenue lying northerly of Oregon Avenue between
blocks 61 and 64, and 60 and 65, Plat of Frey's Addition;
Montana Avenue lying northerly of Oregon Avenue between blocks
65 and 66, Plat of Frey's Addition;
That portion of the north -south alley lying in block 60,
Plat of Frey's Addition lying northerly of State Highway
right-of-way;
The north -south alley lying in block 64, Plat of Frey's Addition;
and
The north -south alley lying in block 65, Plat of Frey's Addition
be and the same are hereby vacated and the land so vacated be and the
same is hereby surrendered and attached to the lots bordering thereon
respectively as a part thereof, and all right or title of said City of
Pasco and the public in and to the portions of said streets or alleys
so vacated shall and does hereby vest in the owners of said property
abutting thereon, all in a manner provided by law; PROVIDED, HOWEVER,
that the City of Pasco retain and does hereby retain in -perpetuity utility
easements in' the above described property for the purpose"of constructing
reconstructing, repairing and maintaining utility lines under, along �
and across the entire portion of the streets and alleys herein vacated,
together with the right and privilege to enter upon each and every part
of the property herein reserved at any time with all necessary men,
materials, appliances and equipment for the purpose of constructing,
inspecting, operating, repairing and maintaining said utility lines.
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379671
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Section 2. That this Ordinance shall become effective upon its
passage and publication as required by law.
PASSED by the City Council of the City of Pasco this 27 day
of March , 1978.
Chet Bailie, Mayor
AT ;
V- .yxi W(A1. 1j.1),,eputy..City Clerk
JLPPPIOVED AS TUX -V60.
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E. 0b,$pr, CAty Attorney
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379671
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THIS AGREEMENT made and entered into this, day of
1979, by and between the CITY OF PASCO, a municipal
corporation of the State of Washington, hereinafter referred to as the
"City"; and E.A. Curtis, hereinafter referred to as the "Owner";
WITNESSETH:
WHEREAS, the City of Pasco and the owner entered into an
agreement on the 27th day of March, 1978, said agreement,being
recorded under Franklin County Auditor's No. 379670; and ..
WHEREAS, the City of Pasco and the owner have mutually.
recognized an error in said agreement; and
WHEREAS, the City of Pasco and the owner mutually desire to
correct said agreement; NOW, THEREFORE,
THE CITY OF PASCO AND THE OWNER DO HEREBY AMEND PARAGRAPH 2
OF THE AGREEMENT RECORDED UNDER FRANKLIN COUNTY AUDITOR'S NO. 379670
TO READ AS FOLLOWS:
"2. The owner agrees to unconditionally give up any access
right he may have as a result of being a property owner abutting
Oregon Avenue to Oregon Avenue from a point beginning 60 feet south
of the north line of the southeast quarter of Section 20, Township 9
North, Range 30 East, W.M., southerly along the west side of Oregon
Avenue to a point 268.75 feet from the point of beginning and as
indicated on the map attached hereto and by this reference incorporated
herein." — -- --
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first above written.
CITY OF PASCO
By:
Chet Bailie, Mayor
AT
Evelyn W ls, City Clerk
RECORDED IN VOL „r?�9 E.A. C rtes, Owner
OF OFFICI�,L RECORDS
P64 GE73-ry,.0QUEST^r
- Pasco 166
OCT 15 ii nig PH '7Q
_0ROrfl'r
P.O. Box 293
Pasco., WA 99301
395.984
CM
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THIS AGREEMENT made and entered into this, day of
1979, by and between the CITY OF PASCO, a municipal
corporation of the State of Washington, hereinafter referred to as the
"City"; and E.A. Curtis, hereinafter referred to as the "Owner";
WITNESSETH:
WHEREAS, the City of Pasco and the owner entered into an
agreement on the 27th day of March, 1978, said agreement,being
recorded under Franklin County Auditor's No. 379670; and ..
WHEREAS, the City of Pasco and the owner have mutually.
recognized an error in said agreement; and
WHEREAS, the City of Pasco and the owner mutually desire to
correct said agreement; NOW, THEREFORE,
THE CITY OF PASCO AND THE OWNER DO HEREBY AMEND PARAGRAPH 2
OF THE AGREEMENT RECORDED UNDER FRANKLIN COUNTY AUDITOR'S NO. 379670
TO READ AS FOLLOWS:
"2. The owner agrees to unconditionally give up any access
right he may have as a result of being a property owner abutting
Oregon Avenue to Oregon Avenue from a point beginning 60 feet south
of the north line of the southeast quarter of Section 20, Township 9
North, Range 30 East, W.M., southerly along the west side of Oregon
Avenue to a point 268.75 feet from the point of beginning and as
indicated on the map attached hereto and by this reference incorporated
herein." — -- --
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first above written.
CITY OF PASCO
By:
Chet Bailie, Mayor
AT
Evelyn W ls, City Clerk
RECORDED IN VOL „r?�9 E.A. C rtes, Owner
OF OFFICI�,L RECORDS
P64 GE73-ry,.0QUEST^r
- Pasco 166
OCT 15 ii nig PH '7Q
_0ROrfl'r
P.O. Box 293
Pasco., WA 99301
395.984
CM
00
-2-
STATE OF WASHINGTON)
.ss.
County of Franklin )
95984
On this day personally appeared before me E.A. Curtis to me
known to be the individual described in and who executed the within
and foregoing instrument, and acknowledged that he signed the same
as his free and voluntary act and deed, for the uses and purposes
therein mentioned.
��-
CSGe under my hand and official seal this day of
7
1979.
Notary PQJ�1%t�-'in d -rid for.'.`)Yie tate of
Washington, residing at4.:I;-; U ���
;>
STATE OF WASHINGTON)
.ss.
County of Franklin )
On this day personally appeared before me, the undersigned, a
notary public in and for the State of Washington, duly commissioned
and sworn, personally appeared Chet Bailie and Evelyn Wells, to me
known to be the mayor -and city clerk, respectively, of the City of
Pasco, the corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned,
and on oath stated that they are authorized to execute the said
instrument and that the seal affixed is the corporate seal of said
corporation.
Gi e_.n under my hand and official seal this
f ;F
1979..
Notary gObl%i& in
Washington, resi
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395984
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THIS AGREEMENT made and entered into this,T' day of March,
1978, by"and between the CITY OF PASCO, a municipal corporation of
the State of Washington, and E.A. CURTIS,, hereinafter the "owner";
WITNESSETH:
WHEREAS, the.City of Pasco, a non -charter code city, under the"
laws of the State of Washington (Title 35A R.C.W.) and Article 11,
Section.11 of the Constitution,of the State of Washington has the
authority to enact laws and enter into agreements to promote the
health, safety and welfare'of its citizens; and
WHEREAS, the owner is among certain property owners that have
petitioned the City of Pasco for.the vacation of certain streets within
the City of Pasco hereinbelow described; and
WHEREAS,",the°City of Pasco'and the owner are both interested in
mitigating any adverse impacts which might result -because of the
proposed street vacation; and
WHEREAS,.the owner has indicated his willingness to co.operate
with the.City of Pasco and its Department of Community Development
to in.sure that any traffic problems on Oregon Avenue in the City of
Pasco are minimized in'the event that the following described streets
are vacated; and
WHEREAS,•the City of Pasco, in addition to any civil and/or
criminal'sanctions available by law, desires to enforce the rights and
interests of.the public by this agreement; NOW, THEREFORE, in the
event
McCarthy Street between Main and Oregon Avenues;
California Avenue lying northerly of Oregon Avenue
between block 61 and 64, and 60 and 65, Plat of
Frey's Addition;
Montana Avenue lying.nort'herly of Oregon Avenue
between blocks 65 and 66, Plat of Frey's Addition;
That portion of the north -south alley lying in block
60, Plat of Prey's Addition lying northerly of the
i State Highway right-of-way;
The north -south alley lying in block 64, Plat of
Frey's Addition;,and
The north -south alley lying in block 65, Plat of
Frey's Addition;
or any portion of them are vacated by the City of Pasco and in
consideration of that event should it occur, and subject to the terms
and conditions hereafter set'forth, the owner does hereby covenant
and agree as follows:
1...The owner promises to comply with all terms of this agreement
in:the event the City, as full considera-tiori herein,, grants the
vacation of the above described streets or any of them..
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THIS AGREEMENT made and entered into this,T' day of March,
1978, by"and between the CITY OF PASCO, a municipal corporation of
the State of Washington, and E.A. CURTIS,, hereinafter the "owner";
WITNESSETH:
WHEREAS, the.City of Pasco, a non -charter code city, under the"
laws of the State of Washington (Title 35A R.C.W.) and Article 11,
Section.11 of the Constitution,of the State of Washington has the
authority to enact laws and enter into agreements to promote the
health, safety and welfare'of its citizens; and
WHEREAS, the owner is among certain property owners that have
petitioned the City of Pasco for.the vacation of certain streets within
the City of Pasco hereinbelow described; and
WHEREAS,",the°City of Pasco'and the owner are both interested in
mitigating any adverse impacts which might result -because of the
proposed street vacation; and
WHEREAS,.the owner has indicated his willingness to co.operate
with the.City of Pasco and its Department of Community Development
to in.sure that any traffic problems on Oregon Avenue in the City of
Pasco are minimized in'the event that the following described streets
are vacated; and
WHEREAS,•the City of Pasco, in addition to any civil and/or
criminal'sanctions available by law, desires to enforce the rights and
interests of.the public by this agreement; NOW, THEREFORE, in the
event
McCarthy Street between Main and Oregon Avenues;
California Avenue lying northerly of Oregon Avenue
between block 61 and 64, and 60 and 65, Plat of
Frey's Addition;
Montana Avenue lying.nort'herly of Oregon Avenue
between blocks 65 and 66, Plat of Frey's Addition;
That portion of the north -south alley lying in block
60, Plat of Prey's Addition lying northerly of the
i State Highway right-of-way;
The north -south alley lying in block 64, Plat of
Frey's Addition;,and
The north -south alley lying in block 65, Plat of
Frey's Addition;
or any portion of them are vacated by the City of Pasco and in
consideration of that event should it occur, and subject to the terms
and conditions hereafter set'forth, the owner does hereby covenant
and agree as follows:
1...The owner promises to comply with all terms of this agreement
in:the event the City, as full considera-tiori herein,, grants the
vacation of the above described streets or any of them..
-2-
2. The owner agrees to unconditionally give.up-any access.right
he may have as -a result.of beiij'g a property owner abutting Oregon
Avenue to.'.Oregon Avenue from. . A -point beginning 60 feet south of the
1E V4
north saG41GR line of,\Se)ction 20, Township 9 North, Range 30 East,
W.M., southerly along the west side of Oregon Street to a point 268.75
feet . from the point of beginning and as indicated on the map attached'
hereto and by this reference incorporated herein.
3. No modifications of this agreement shall be valid unless
mutually agreed upon by all parties in writing and recorded with the
Franklin County Auditor.
4. The owner agrees to indemnify and.save harmless the City of
Pasco from and against all claims, suits, damages, costs, losses and
expenses in any -manner resulting. from, arising out of, or connected
with the .granting of,a-street vacation of the above described streets
and -alleys or .the giving - up . of access as herein provided.
5. This agreement shall be binding on the heirs, assigns,'
g I rantees or . successors in interest of the owner.
6. In the event that any term or -clause of this agreement
conflicts with applicable law, such conflicts.shall not affect other
terms of -this agreement which can be given effect without the conflicting
term or*:.,clause, and -to this end the terms of this agreement are declared
severable'.
IN WITNESS WHEREOF.' the partie . s hereto have caused this agreement
to be executed the date and year first above written.
CITY OF PASCO
;01
By:
AT T E ST"-
Chet Bailie, Mayor
Ldo E. Olney, Ex Officio
ty Clerk
1
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STATE OF WASHINGTON) E.A. Cuis, owner
:ss.
iI County of Franklin
On . this day of March,.1978, before me the undersigned,
a notary public in and for the.State of Washington, duly commissioned
and sworn, personally appeared Chet Bailie and Leo E. Olney to me known
to be the Mayor and Ex -Officio City Clerk of the City of Pasco,
Washington, the corporation that executed the foregoing instrument,
and acknowledged that said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein
-mentioned, and on oath stated that they are authorized to* execute the-,
said instrument and that the seal affixedis the corporate seal of
said corporation.
:� �ea_r •,er
Witness my hand and official a,]h7cereto affixed.. the- -day d
year first above written.
& 1(1-1912-
N No 4LJ� bl.
otd-±yc-/ in' and for the State of�
-at
Washington, residing
. y-3-
STATE OF WASHINGTON)
.ss.
County of. Franklin )
On this day of March, 1978, before me the undersigned,
a notary public in and for the State of Washington, duly commissioned
and sworn, personally appeared E.A. Curtis to me known to be the owner
of that certain property hereinabove mentioned, and acknowledged that
he signed the same as his.free and voluntary act and deed for the
uses and purposes set forth.
Witness my hand and official seal here affixed. he'�day. and
year first above written. -
' v
Notary P nWfd. for -t State of
Washington, residing at
APPROVE AS FO
Michael E. Cooper, Cit_ Attorney
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