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RESOLUTION NO. 1871
A RESOLUTION enabling grants to property owners abutting
West Lewis Street, between 20th Avenue and Rd 28, access
easements to West Lewis Street, a limited access
facility, upon certain terms and conditions.
WHEREAS, West Lewis Street, between 20th Avenue and Rd 28,
is a limited access facility designated by Section 10.88.050 PMC;
and
WHEREAS, Pursuant to authority granted in Section
10.88.040 PMC, the City Council may grant to abutting property
owners access easements to limited access facilities, when in the
judgment of the City Council the grant shall not interfere with
or detract from the public safety policy set forth in Section
10.88.010 PMC; and
WHEREAS, The City Council finds, after reviewing the
recommendations of City staff, that the granting of access
easements to property owners abutting such portion of West Lewis
Street will not be in deregation of the interests of traffic
safety or violate the policy declaration of PMC 10.88.010,
PROVIDED, that the speed limit on such portion of Lewis Street be
reduced from the current speed limit of 45 MPH to a speed limit
of 35 MPH; and
WHEREAS, The City Council further determines that upon
payment of fair market value for the access easement by the
abutting property owner, that the granting of the access easement
is in the public interest, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. Provided that the speed limit on West Lewis
Street between 20th Avenue and Rd 28 is reduced to no more than
35 MPH by proper ordinance, property owners abutting West Lewis
Street between 20th Avenue and Rd 28, shall be granted access
easements to such portion of West Lewis Street when the terms and
conditions set forth below are fully satisfied.
Section 2. Each property owner desiring an access
easement must purchase such easement at fair market value. Fair
market value is the difference in value of the property for which
the access easement is desired, with and without the access
easement. The access easement shall run with the land and is not
personal to the property owner.
Section 3. Each property owner desiring an access
easement shall submit an application for an access easement to
the City staff, requesting the City to select an appraiser to
determine fair market value and agreeing to deposit with the City
the estimated appraisal fee. Upon completion of the appraisal,
the property owner shall be returned any difference between the
estimated cost and the actual cost of the appraisal, if the
actual cost is less than the estimated fee. If the actual cost
of the appraisal exceeds the estimated fee, the property owner
shall pay the difference. Failure of the property owner to
deposit the estimated appraisal fee with the City within fourteen
(14) days of notification to the property owner by the City of
the estimated fee, shall cause the application for the access
easement to be deemed withdrawn. The applicant shall further
agree to be responsible for the maintenance of the unimproved
right-of-way abutting his property, keeping the property free of
weeds and other debris.
-1-
Al
ED H NDLER, Mayor
Section 4. Upon completion of the appraisal and payment
by the property owner of fair market value, any difference
between the estimated cost of the appraisal and the actual cost
of the appraisal in the event the actual cost exceeds the
estimated cost, and the cost of recording the easement, the Mayor
is authorized to sign an access easement to be prepared by the
City Attorney. The signed access easement shall be recorded with
the County Auditor.
PASSED by the City Council and APPROVED by the Mayor this
/ day of May, 1989.
ATT T: APPROVED AS TO FORM:
ELLS, City Clerk GIZEG A UBSTELLO, City Attorney