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HomeMy WebLinkAbout4005 Resolution - Setting Public Hearing _Vacating ROW-Pasco Coca ColaRESOLUTION NO. 4005 A RESOLUTION INITIATING VACATION PROCEEDINGS AND SETTING 7:00 PM, NOVEMBER 16, 2020 AS THE TIME AND DATE TO CONDUCT A PUBLIC HEARING TO CONSIDER VACATING A PORTION OF ACCESS EASMENTS RESERVED BY CITY ORDINANCE NO. 4281 AND ADDITIONALLY GRANTED TO THE CITY UNDER FRANKLIN COUNTY AUDITOR FILE NO. 1858915 WHEREAS, the vacation process provided in PMC 12.40 allows the City Council to initiate vacation proceedings by resolution; and, WHEREAS, the vacation process provided in PMC 12.40 requires that the City Council set a hearing on vacation by resolution, with the date of the hearing being not more than sixty (60) days nor less than twenty (20) days after the date of passage of such resolution; and, WHEREAS, the vacation process provided in PMC 12.40, allows for the resolution seeking vacation by the City Council to be consolidated with the resolution setting the hearing into a single resolution; and, WHEREAS, the vacation process provided in PMC 12.40 requires a title report and an appraisal of value and compensation unless waived by the City Council; and, WHEREAS, pursuant to PMC 12.40.120(2)(a) waiver of a title report, an appraisal and compensation is warranted due to City Council initiating vacation of a portion of ACCESS EASMENTS RESERVED BY CITY ORDINANCE NO. 4281 (EXHIBIT A) AND ADDITIONALLY GRANTED TO THE CITY UNDER FRANKLIN COUNTY AUDITOR FILE NO. 1858915 by resolution; or WHEREAS, Chapter 35.79 RCW requires public hearings on vacations to be fixed by Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. Initiation of Vacation Proceedings. The City Council of the City of Pasco hereby initiates vacation proceedings for a portion of ACCESS EASMENTS RESERVED BY CITY ORDINANCE NO. 4281 (EXHIBIT A) AND ADDITIONALLY GRANTED TO THE CITY UNDER FRANKLIN COUNTY AUDITOR FILE NO. 1858915 Section 2. Waiver of Requirements. That pursuant to PMC 12.40, the City Council hereby waives the requirement for an appraisal, title report and payment of compensation for the proposed right-of-way vacation of a portion of ACCESS EASMENTS RESERVED BY CITY ORDINANCE NO. 4281 (EXHIBIT A) AND ADDITIONALLY GRANTED TO THE CITY UNDER FRANKLIN COUNTY AUDITOR FILE NO. 1858915. Resolution — Setting PH for Access Easement Vacation - 1 Section 3. Notice of Heariny,: That a public hearing to consider vacating the following will be held before the City Council of the City of Pasco in the Council Chambers at 525 N Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on November 16, 2020: law. Those portions of the 30 -foot wide (fifteen feet on either side of the centerline) Access Easement over and across vacated West Henry Street between the east right-of-way line of Road 34 and the northerly projection of the east line of vacated Road 32 reserved and retained by the City of Pasco in Section 3 of Pasco Ordinance 4281, Passed on April 18, 2016, and the 24 foot wide Access Easement granted by Pasco Coke LLC to the City of Pasco by the Easement Recorded 03/07/2017 under AFN # 1858915 records of the Franklin County, WA, Auditor, located over, under and across the North 286 feet of the West half of the Northeast quarter of the Southwest quarter of the Northwest quarter of Section 25, Township 9 North, Range 29 East. W.M., City of Pasco, Franklin County, Washington, lying Northerly of the Northerly line of a 24 -foot -wide access easement, the centerline of which is described as follows: Commencing at the Northwest corner of said Section 25, being a brass cap in a monument case; thence along the North line of said Section 25 North 89°01'44" East for 661.68 feet; thence South 00°09'15" West for 1,333.60 feet to the Northwest corner of the Northeast quarter of the Southwest quarter of the Northwest Quarter of said Section 25 and being the intersection of Road 34 and vacated Henry Street per City of Pasco ordnance 4281, thence along the centerline of said vacated Henry Street South 89°10'21" East for 30.00 feet to the West Right of Way of Road 34; thence continuing along said vacated centerline South 89°10'21" East for 34.38 feet to the true point of beginning of said 24.00 -foot variable length access easement centerline; thence South 58°23'02" East for 72.43 feet; thence North 89°11'58" East for 110.60 feet; thence North 60°10'07" East for 80.24 feet, to the terminus of said 24 -foot -wide access easement centerline. That the City Clerk of the City of Pasco give notice of said public hearing as required by PASSED by the City Council of the City of Pasco, Washington this 10 day of October, 2020. '4� — Saul Martinez Mayor ATTEST: ] gt Debra Barham, CMC City Clerk Resolution — Setting PH for Access Easement Vacation - 2 APPROVED AS TO FORM: Kerr Ferguso aw, PLLC City Attorney EXHIBIT A Text of Ordinance No. 4281 AFN # 1844970 ORDIN 05/09/2016 02:13 PM 4 Page(s) $76.00 Matt Beaton, Auditor Franklin Co., WA WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3' Pasco, WA 99301 ORDINANCE NO. 4281 AN ORDINANCE VACATING A PORTION OF WEST HENRY STREET. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That all of West Henry between the east right-of-way line of Road 34 and the west right-of-way line of Highway 395, as depicted in Exhibit" I" be and the same is hereby vacated subject to the easement retained in Section 2 hereof. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to northerly 20 feet of West Henry between the east right-of-way line of Road 34 and the northerly projection of the west line of vacated Road 32 and the full width easement in vacated West Henry Street east of the northerly projection of the west line of vacated Road 32 all in West Henry Street vacated in Section 1 above for the construction, repair and maintenance of public utilities and services. Section 3. That the City shall retain a 30 -foot (fifteen feet on either side of the center line) easement over and across vacated West Henry Street between the east right-of-way line of Road 34 and the northerly projection of the east line of vacated Road 32 and the full width access easement in vacated West Henry Street east of the northerly projection of the east line of vacated West Henry Street. 1. Section 4. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 5. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 18th day of April 2016. Matt Watkins, Mayor Attest: Debra L. Clark, City Clerk Approved as to Form: Leland Kerr, City Attorney Exhibit Item: Portion of West Henry Street #1 Applicant: Russ Dean N- #1 #: VAC 2016-005 664' r--40' MARGARET 0 OCTAVE ST t �y. -1 SITE 2