Loading...
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. 2 379671 - .0 -2- 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. -�Mi fuel E. 0b,$pr, CAty Attorney tr .: tf�l,"rrSfi. 379671 Vol OFAPS 3 f 46 P 118 �C-r FRUirf7QF}N WASH.NQ rIEPUTY "x .zi3 y�3o� tM-1 2 39598 q, 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 A G R E E M E -N T q, 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 00 �i. okkt +z �. - x, � 395984 r. 00 �%A 14 14 C" Cwt J 0 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.. r A G R E E M E N T 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 7� rt 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 '�-{. ,�.` �I .3. � _{ Vii'•.+'�' ... 4 �. 1 r