Loading...
HomeMy WebLinkAbout1871 Resolutionp .r- 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