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HomeMy WebLinkAbout2418 Ordinance4 1 ORDINANCE NO. 2418 AN ORDINANCE amending Ordinance No. 2225 and correcting a typographical error to the legal description of certain property legally described on the assessment roll approved thereby. WHEREAS, that certain property of Richard E. and Pernie N. Ryder described on the final assessment roll approved and confirmed by Ordinance No. 2225 as the West 1/2 of the West 1/2 of the North- east 1/4 of the Northwest 1/4 of the West 1/2 of the Southeast 1/4, Section 25, Township 9, Range 29 E.W.M. is described in error and contrary to the correct description appearing on the preliminary assessment roll and the notice of public hearing on the final assess- ment roll, a copy of which was personally delivered to Richard E. Ryder; and WHEREAS, an amendment of Ordinance No. 2225 is necessary to correct the legal description appearing on the final assessment roll and to clarify the intent of the original ordinance, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section One. Ordinance No. 2225 passed by the City Council of the City of Pasco, Washington, at a regular open public meeting on the 5th day of January, 1981, is hereby amended by rewording that certain legal description appearing upon the assessment roll approved and con- firmed by said Ordinance No. 2225 which reads as the West 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of the West 1/2 of the Southeast 1/4, Section 25, Township 9, Range 29 E.W.M. to read as follows: The West 1/2 of the Northeast 1/4 of the Northwest 1/4 of the Southeast 1/4, Section 25, Township 9, Range 29 E.W.M., described as follows: Beginning at the Northeast corner of said subdivision, thence West along the North line thereof 165'; thence South parallel with the East line of said subdivision 264'; thence East parallel with the North line of said subdivision 165'; thence North 264' to the point of beginning, in Franklin County, Washington. Section Two. On the effective date of this ordinance the correction of the legal description made by this ordinance shall be considered for all Intents and purposes to have appeared instead of the faulty description on the assessment roll as originally approved and confirmed by Ordinance No. 2225. ATTE E. A. Snider, Mayor --e-d)--)-z--6 v Section Three. This ordinance shall take effect five (5) days after passage and publication. PASSED by the Pasco City Council this c.,-; day of 1982, and approved by the Mayor. Eve yn Wells, City Clerk APPROVED AS TO FORM: reg tello, City Attorney CITY AlTORNEY (509) 515 1406 Scan 726 3406 truly P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 November 16, 1982 Mr Philip M Raekes Law Offices of Raekes, Rettig, Osborne, Forgette & Brecke 7411 West Clearwater Avenue Building A Kennewick, Washington 99336-0538 Re Sylvester Street Sidewalk Improvements - Richard Ryder Dear Phil It may give you some amusement to know that Murphy's Law appears to be working in this matter As pointed out in your letter of November 10, the legal description appearing in our notice of intent to foreclose assessment does contain an erroneous legal description. That description does appear on the city's assess- ment rolls, the notice of final assessment to the Ryders and in your complaint filed in Franklin County Cause No. 26346. In checking city records I have discovered that a city typist be- came over zealous in typing in two too many W 1/2 The correct legal description as is set forth in your letter of November 10, does however, appear upon all prior documents in the city record including the notice of the assessment hearing that was both mailed and hand delivered to your clients Since the error was a typographical one only and appearing only on the final document, I will prepare for council passage an ordinance amending the final assessment roll to include the correct legal description, eliminating the typographical errors Thanks for bringing the error to my attention. With regard to Columbia Federal Savings and Loan, they were mailed a copy of the notice of intent because in searching the county records it appeared that their prior lien included the property in question I will have a title company do a title search on the proper legal description and include as parties any prior lien holders that that search discovers. 13 d Al '1u1Ystello GAR/cmg Pasc I y Attorney cc Leland F Kraft, City Manager ;;* ITn435.54,7r,":. h • Pt *tWIRacr7 1-4I'ver !." 7")774717,' a 1,1 14"re' as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, for a period of one time MDIDemOxingra§, commencing on the 24th day of Deo. ,19 8a, and ending on the day of , 19 , and that said newspaper was regularly distributed to its subscribers during all of this period That the full amount of $ 72 .60 has been paid in full, also at the rate of 11 in. @ 6.60 = 72.60 AfAec, 28th Ded. 82 day of , 19 Notary Public in and for the State of Washington residing at Pasco Subscribed and sworn to before me this — Ordinance No 2418 AN ORDINANCE amending Ordinance No 2225 and cor recting a typographical error to the legal description of cer tam property legally de scribed on the assessment roll approved thereby WHEREAS that certain property of Richard E and Pernie N Ryder described on the final assessment roll ap- proved and confirmed by Or dinana No 2225 as the West 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of the West 1/2 of the Southeast OA Section 25 Township 9 Range 29 E W M is described in error and contrary to the correct description appearing on the preliminary assessment roll and the notice of public hear , ing on the final assessment roll a copy of which was per sonally delivered to Richard E Ryder and WHEREAS an amend ment of Ordinance No 2225 is necessary to correct the legal description appearing on the final assessment roll and to clarify the intent of the original ordinance NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO ORDAIN AS FOLLOWS Section One Ordinance No 2225 passed by the City Council of the City of Pasco Washington at a regular open public meeting on the 5th day of January 1981, is hereby amended by reword- 1 ing that certain legal descrip- tion appearing upon the assessment roll approved and confirmed by said Ordi- nance No 2225 which reads as the West 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of the West 1/2 of the Southeast 1/4 Section 25 Township 9 Range 29 E W M to read as follows The West 1/2 of the North east 1/4 of the Northwest 1/4 of the Southeast 1/4 Section 25 Township 9, Range 29 E W M described as fol lows Beginning at the Northeast confer of said subdivision thence West along the North line thereof 165' thence South parallel with the East line of said subdivision 264' thence East parallel with the North line of said subdivision 165' thence North 164' to the point of beginning in Franklin. County Washing ton Section Two On the ef fective date of this ordinance the correction of the legal de scription made by this ordi nance shall be considered for all intents and purposes to have appeared instead of the faulty description on the as sessment roll as originally ap- pro-ved and confirmed oy - Ordinance No 2225 Section Three This ordi nance shall take effect five (5) days after passage and publi cation PASSED by the Pasco City Council this 20 day of De cember 1982 and approved by the Mayor E A Snider Mayor ATTEST Evelyn Wells City Clerk APPROVED AS TO FORM Greg A Rubstello City Attorney Legal No 14220 Dec 24 1982 AFFIDAVIT OF PUBLICATION COUNTY OF Franklin ) ss STATE OF WASHINGTON Phyllis Graves , being first duly sworn on oath deposes she Principal Clerk and says is the of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily news- Franklin paper in County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copy of a legal advertisement Ord. # 2418 CITY of if1.71 %, 141. '4 )t 4 FINANCE DEPARTMENT (509) 545-3401 Scan 726-3401 -...<1=11:Y^AnVd' P 0--BOX 293 412-WEST CLARK PASCO, WASHINGTON 99301 December 21, 1982 Tri City Herald P 0. Box 2608 Pasco, Washington 99302 Gentlemen Please publish the attached Ordinances on the following date December 24, 1982 Please send two (2) Affidavits of Publication for each Sincerely yours, Evelyn Wells City Clerk ew Ity de,