HomeMy WebLinkAbout4547 Ordinance - Vacate a Portion of Rainier Ave for Big Apple Travel Stop (VAC 2021-002) - RecordedFILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3' Avenue
Pasco, WA 99301
ORDINANCE NO. 4547
AFN # 1946699 ORDIN
09/10/2021 12:55 PM
5 Page(s) $207.50
Matt Beaton, Auditor
Franklin Co., WA
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
VACATING A PORTION OF RAINIER AVENUE.
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, a petition for the vacation of a portion of Rainier Avenue has been submitted
to the City; and
WHEREAS, pursuant to PMC 12.40.050, appropriate notice was given of the City's intent
to vacate public right-of-way; and
WHEREAS, the applicant seeks vacation of a portion of Rainier Avenue as a part of the
final plat approval process for development of a travel stop facility; and
WHEREAS, the vacation process provided in PMC 12.40 requires a title report, an
appraisal of value, and compensation unless waived by the City Council; and
WHEREAS, pursuant to PMC 12.40.120(2) the City Council may waive the requirement
for a title report, an appraisal of value, and compensation if the Council has previously determined
that the right-of-way is not essential to public traffic circulation and is available for vacation; or
the resulting benefit to the community of the project requiring the vacation outweighs the appraised
value of the right-of-way to be vacated; and
WHEREAS, the City Council finds the resulting benefit to the community of the proposed
project requiring vacation outweighs the anticipated appraised value of the property to be vacated;
and,
Ordinance — VAC 2021-002 Rainier Avenue - 1
WHEREAS, all steps and procedures required by law to vacate said right-of-way have
been duly taken and performed; and
WHEREAS, a survey is not required, pursuant to PMC 12.40.110, where the land sought
to be vacated is sufficiently known to the City that an accurate legal description of the proposed
vacation can be known with certainty; and
WHEREAS, the City Council finds that the land sought to be vacated is sufficiently known
to the City that an accurate legal description of the proposed vacation is known with certainty; and
WHEREAS, the City Council finds, pursuant to PMC 12.40.070(1)-(4), that the vacation
of the right of way will not adversely affect traffic accessibility and circulation or within the City
as a whole; is not contemplated or needed for future use; no abutting property will become
landlocked or have access substantially impaired; and the public needs shall not be adversely
affected and the vacation will provide a public benefit or serve a public purpose.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That a portion of right-of-way, as depicted in "Exhibit A" be and the same is
hereby vacated;
That portion of Right of Way for North Rainier Avenue lying within the Northwest
Quarter of Section 17, Township 9 North, Range 30 East, W.M. as shown on that
Record of Survey filed in Book 4 of Surveys, Page 147, records of Franklin County,
Washington, lying east of the east right of way line of Industrial Way as shown on
said Record of Survey.
Together with that portion of right of way lying southeasterly of said right of way
of North Rainer Avenue and lying westerly of the right of way for US Highway
395, and northerly of the north line of Lot 5, Kartchner Industrial Park, according
to the Plat thereof recorded in Volume "D" of Plats, Page 91, Records of Franklin
County, Washington.
Contains 1.056 acres, more or less.
Section 2. 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 3. This Ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
Section 4. That pursuant to PMC 12.40, the City Council hereby waives the requirements
for an appraisal, title report, survey, and compensation for the vacated right-of-way.
Ordinance — VAC 2021-002 Rainier Avenue - 2
PASSED by the City Council of the City of Pasco, Washington this 7th day of September,
2021.
Saul Martinez
Mayor
ATTEST:
APPROVED AS TO FORM:
Debra Barham, CMC Kerr F son Law, PLLC
City Clerk Ci Attorney
Published: '5(4
Ordinance — VAC 2021-002 Rainier Avenue - 3
CD
w
C
V
O
I� •
CD -P.SSi
INDUSTRIAL e�
CD
CD
CD
C�
CD
00
0 �1
N � ,
N C
mCD~�
O
r�
CD
�6
CD
I�6
ON
N CD
'q
a
&kms r
o 61
.
cnz
m
FRANKLIN COUNTY RECORDING
COVER SHEET
NAME AND RETURN ADDRESS:
City of Pasco
525 N. Third Avenue
Pasco, WA 99301
FORM COMPLETED BY: Krystle Shanks, Deputy City Clerk
PLEASE PRINT OR TYPE INFORMATION:
PHONE # (509) 544-3096
DOCUMENT TITLE(S) (or transaction contained therein)
1. Ordinance No. 4547
2. VAC2021-002
3.
GRANTOR(S) (Last name, first name, middle name/initials):
1. Citv of Pasco
2.
3.
4.
Additional names on page of document
GRANTEE(S) (Last name, first name, middle name/initials):
1. SRB Real Estate Investments LLC
2.
3.
4.
❑ Additional names on page of document
LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range)
LOTS 1 TO 12, BLOCK 17, MCLEOD'S ADD
0 Additional legal is on page 2 of document
AUDITOR'S REFERENCE NUMBER(S)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
113-232-011
❑ Additional parcel numbers on page of document
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the
document to verify the accuracy or completeness of the indexing information
EMERGENCY NONSTANDARD REQUEST
I am requesting an emergency nonstandard recording for an additional fee of $50.00 as provided in
RCW 36.18.010. 1 understand that the recording processing requirements may cover up or otherwise
obscure some part of the text of the original document.
Signature Date