HomeMy WebLinkAbout4290 OrdinanceORDINANCE NO. q2 10
AN ORDINANCE of the City of Pasco, Washington,
Creating a New Chapter 12.40 entitled "Vacation of Streets,
Alleys and Access Easements"
WHEREAS, the City of Pasco is authorized by RCW 35.79 to vacate on the terms
provided therein, streets, alleys, and access easements deemed no longer needed or beneficial for
public transportation; and
WHEREAS, the City Council may provide such procedures as necessary for initiating or
considering a petition for the vacation of public right-of-ways for the purpose of streets, roads,
alleys, and access easements. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Chapter 12.40 entitled "Vacation of Streets, Alleys, and Access
Easements" of the Pasco Municipal Code, shall be and hereby is created and shall read as
follows:
Chapter 12.40
VACATION OF STREETS, ALLEYS, AND ACCESS EASEMENTS
Sections:
12.40.010
PURPOSE.
12.40.020
INITIATION OF PROCEEDINGS.
12.40.030
PETITION METHOD.
12.40.040
PUBLIC HEARING.
12.40.050
NOTICE OF HEARING.
12.40.060
OBJECTION BY PROPERTY OWNERS.
12.40.070
CRITERIA.
12.40.080
RESERVE EASEMENTS.
12.40.090
VACATION AGREEMENT.
12.40.100
APPRAISALS AND APPRAISAL FEES.
12.40.110
SURVEY REQUIRED.
12.40.120
COMPENSATION FOR VACATED RIGHT-OF-WAY
12.40.130
VACATION ORDINANCE.
12.40.140
USE OF VACATION PAYMENT.
12.40.010 PURPOSE. This Chapter establishes the procedure and criteria for
consideration and determination of vacation of streets, alleys, and access easements relating to
street, pedestrian, or travel purposes. This Chapter shall not apply to the vacation or termination
of any other types of public easements. All other real property, easements and licenses shall be
Ordinance Creating Chapter 12.40 - 1
vacated or extinguished by quit claim deed upon administrative determination that such is no
longer necessary for municipal purposes. Easements established by dedication shall be
extinguished pursuant to RCW 64.04.175.
12.40.020 INITIATION OF PROCEEDINGS. A vacation may be initiated by:
A) A Resolution of the City Council; or
B) A petition signed by the owners of more than two-thirds of the property
abutting the part of the street or alley to be vacated, or, in the case of an easement, the
owners of two-thirds of the property underlying the portion of the easement to be
vacated.
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A) An applicant shall apply for a vacation by submitting the following:
1) A vacation petition upon forms provided by the City;
2) A legal description of the area to be vacated prepared by a licensed
surveyor when requested by the City or except as provided in Section 12.40.110;
3) For each petitioner a title report indicating ownership and
providing a legal description of the property owned by the petitioner unless
waived as provided in Section 12.40.120 B);
4) The vacation application fee as provided in PMC 3.07.130;
5) A signed agreement to pay the cost of an appraisal unless waived
as provided in Section 12.40.120 B); and
6) Any additional information or material that the Director of
Community & Economic Development determines is reasonably necessary for the
City Council to consider the requested vacation.
B) The petition shall be filed with the Director of Community & Economic
Development, and the petition shall be signed by the owners of more than two-thirds of
the property abutting upon the street or alley (based on front footage), or underlying the
public easement (based on square footage).
12.40.040 PUBLIC HEARING. Upon receiving a complete application for vacation,
or upon passage of a Resolution by the City Council seeking vacation, the City Council shall by
Resolution, fix a time when the City will hold a public hearing on the proposed vacation. The
hearing will be not more than sixty (60) days nor less than twenty (20) days after the date of the
passage of such Resolution. The Resolution seeking vacation by the City Council and setting the
public hearing may be consolidated to a single Resolution.
Ordinance Creating Chapter 12.40 - 2
12.40.050 NOTICE OF HEARING.
A) On passage of the Resolution provided in Section 12.40.040 above, the
City shall give notice at least twenty (20) days before the public hearing of the time, date
and place for the public hearing.
B) Content. The public notice shall contain the following information:
1) A statement that a request to vacate the street, alley, or access
easement will be considered by the City Council;
2) A statement of the date, time, and place of the public hearing
before the City Council;
3) A location description along with a vicinity map that identifies the
street, alley, or access easement proposed to be vacated; and
4) A statement of the right of any person to submit written comments
to the City Council prior to or at the public hearing, and to appear before the City
Council at the hearing to give testimony.
C) Distribution of Notice. Distribution of the public notice shall be as
follows:
1) A copy will be sent, by mail, to the abutting owner of each parcel
of real property at the address designated on the official records of Franklin
County.
2) To the owners of each parcel of real property within three hundred
feet of any boundary of the street, alley, or public access easement to be vacated
unless the street or alley is unimproved and has previously been determined by
Council not to be needed as a street or alley.
3) A copy of the Notice will be published in the official newspaper of
the City.
4) A copy of the Notice will be posted in three public places in the
City and posted in a conspicuous place on the street or alley sought to be vacated.
12.40.060 OBJECTION BY PROPERTY OWNERS. If fifty percent (50%) or more
of the abutting property owners on the street or alley (based on front footage), or the underlying
public easement (based on square footage), file written objections to the City Council in
opposition to the vacation prior to the time of or at the hearing, the City shall be prohibited from
proceeding with the public hearing or granting the vacation.
Ordinance Creating Chapter 12.40 - 3
12.40.070 CRITERIA. The City Council shall use the following criteria for approval
of the petition:
A) The vacation shall not adversely affect traffic accessibility and circulation
within the immediate area or within the City as a whole;
B) The right-of-way is not contemplated or needed for future public use;
C) No abutting property will become landlocked, or its access substantially
impaired; and
D) The public needs shall not be adversely affected and the vacation will
provide a public benefit or serve a public purpose.
12.40.080 RESERVE EASEMENTS. In vacating a street, alley, or public easement,
the City may reserve for the City any easements or other rights to exercise and grant any
easement for public utilities and services, pedestrian trail purposes, and any other type of
easement relating to the City's right to control, use and manage its rights -of way.
12.40.090 VACATION AGREEMENT. At any time prior to the City Council's final
decision on vacation, the applicant may present to the City a voluntary vacation agreement
containing special terns that would apply to the vacation if the application is approved. The
City Council, upon approval of the terms of such agreement, may vacate a street, alley, or access
easement incorporating such terms and subject to the criteria in Section 12.40.070 above.
12.40.100 APPRAISALS AND APPRAISAL FEES. The appraisal method shall be
determined by the City within its sole discretion as to most accurately determine the fair market
of the right-of-way proposed for vacation. An appraisal of the right-of-way proposed for
vacation shall be made by one or more of the following methods:
A) The assessed value of the comparable abutting properties (without
improvements) shall be obtained from the records of the Franklin County Assessor. The
average of such values, on a square foot basis, shall be applied to the right-of-way which
is proposed for vacation.
B) The petitioners shall be required to submit a report of a professional
appraiser to the City, stating the fair market value of the right-of-way proposed for
vacation.
C) The City shall obtain a report for one or more professional appraisers
stating the fair market value of the right-of-way proposed for vacation. The cost of such
report or reports shall be paid by the petitioner prior to the time of the public hearing.
12.40.110 SURVEY REQUIRED. The petitioner shall submit with its application
provided in PMC 12.40.030 a professional survey of the property proposed for vacation within
the boundaries of the proposed vacation marked upon the ground with an accurate legal
Ordinance Creating Chapter 12.40 - 4
description of the proposed vacation to be furnished to the City. The City may waive this
requirement if the location and legal description of the street or alley proposed for vacation is
sufficiently known to the City so that an accurate legal description of the proposed vacation can
be known with certainty.
12.40.120 COMPENSATION FOR VACATED RIGHT-OF-WAY.
A) The City Council may require the petitioners to compensate the City:
1) Where the street or alley, or access easement, has been part of a
dedicated public right-of-way for 25 years or more, or was acquired at public
expense, in an amount that does not exceed the full appraised value of the area
vacated.
2) Where the street or alley, or access easement, has not been part of
a dedicated right-of-way for 25 years or more, or was acquired at public expense,
in an amount which equals one-half of the appraised value of the area vacated.
B) Compensation for the vacated areas, and an appraisal and title report as
required by Section 12.40.100 and 12.40.030 above, may be waived in whole or in part
by the City if one or more of the following apply:
1) The vacation is initiated by the City Council by Resolution;
2) The vacation is at the request of the City;
3) The right-of-way to be vacated was previously determined by the
City Council not to be essential to public traffic circulation and available for
vacation;
4) The grant of substitute public right-of-way which has a value as a
right-of-way at least equal to that right-of-way to be vacated; and
5) The resulting benefit to the community of the project requiring the
vacation outweighs the appraised value of the right-of-way to be vacated.
12.40.130 VACATION ORDINANCE. Following the public hearing thereon, the
City Council may authorize by Ordinance the vacation of such street, alley, access easement, or
any part thereof. Such Ordinance may provide for the retention by the City of all easements or
rights with respect to the vacated land for the construction, repair or maintenance of public
utilities and services. If the City Council determines that compensation shall be paid as a
condition of the vacation, the Ordinance shall not become effective, published or recorded until
the compensation has been paid in full.
12.40.140 USE OF VACATION PAYMENT. One-half of the revenue received by
the City as compensation for the right-of-way vacated shall be dedicated to the acquisition,
Ordinance Creating Chapter 12.40 - 5
improvement, development and related maintenance of public open space or transportation
capital projects within the City.
Section 2. This Ordinance shall take full force and effect five (5) days after its
approval, passage, and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this I& day of �—J 2016.
Matt Watkins, Mayor
A TE
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Debra L. Clark, City Clerk
Ordinance Creating Chapter 12.40 - 6
APP D AS TO FORM:
Leland B. Kerr, City Attorney