HomeMy WebLinkAbout4168 Resolution - Campbell Alley Vacation - Setting Public HearingRESOLUTION NO. 4168
A RESOLUTION SETTING 7:00 P.M., MONDAY, MAY 2, 2022 AS
THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE
VACATION OF THE NORTH -SOUTH ALLEY OF BLOCK 2 KURTZMAN'S
1 ST ADDITION TO PASCO, AND WAIVING THE REQUIREMENTS OF A
SURVEY, APPRAISAL, TITLE REPORT AND PAYMENT OF
COMPENSATION.
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 a right-of-way; and
WHEREAS, a petition has been submitted to the City for vacation of the north -south alley
of Block 2 Kurtzman's 1St Addition to Pasco by the owners of more than 2/3 of the properties
abutting the alley to be vacated per PMC Section 12.40.020; and
WHEREAS, the vacation process, by petition application, provided in the Pasco
Municipal Code (PMC) Chapter 12.40 requires a survey, title report, an appraisal of value, and
compensation unless waived by City Council; and
WHEREAS, the City Council may waive the requirements for a survey pursuant to PMC
Section 12.40.110 if the location and legal description of the street or alley proposed for vacation
is sufficiently known to the City such that an accurate legal description can be determined with
certainty without a survey; and
WHEREAS, as part of the Kurtzman 1St Addition to Pasco subdivision, the alley is
sufficiently known to the City such that a legal description is capable of being produced without
the need for a survey; and
WHEREAS, pursuant to PMC Section 12.40.120 compensation for vacated rights-of-way,
an appraisal and title report may be waived if one or more of the following are applicable: the
vacation is initiated by Council resolution; the vacation is at the request of the City; the right-of-
way to be vacated was previously determined by Council not to be essential to public traffic
circulation and is available for vacation; the grant of a substitute right-of-way has value as a right-
of-way at least equal to the right-of-way to be vacated; or the resulting benefit to the community
of the project requiring vacation outweighs the appraised value of the right-of-way to be vacated;
and
WHEREAS, as the alley is unused and does not provide access, it can be inferred that it is
not essential to public traffic circulation and is available for vacation without requiring
compensation from the affected owners; and,
WHEREAS, PMC Section 12.40.040 requires public hearings on vacations to be fixed by
resolution, and to provide notice for such hearing which shall occur no later than 60 days after, nor
earlier than 20 days after, the passage of this Resolution setting a public hearing.
Resolution - Setting PH for VAC 2022-001 - 1
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. Waiver of Requirements. That pursuant to PMC Chapter 12.40, the City
Council hereby waives the requirements for a survey, appraisal, title report and payment of
compensation for the proposed vacation of the north -south alley of Block 2 Kurtzman's 1st
Addition to Pasco as depicted in the attached Exhibit A.
Section 2. Notice of Hearin. That a public hearing to consider vacating the following
as depicted in the attached Exhibit A, will be held before 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 the 2nd
day of May 2022:
THE NORTH -SOUTH ALLEY OF BLOCK 2 KURTZMAN'S 1ST ADDITION
TO PASCO.
TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS,
COVENANTS AND RESTRICTIONS OF RECORD AND IN VIEW.
CONTAINS .13 ACRES, MORE OR LESS.
Section 3. That the City Clerk of the City of Pasco give notice of said public hearing
as required by law.
PASSED by the City Council of the City of Pasco, Washington, this 4th day of April 2022.
ATTEST:
APPROV/EIYAWTO FORM:
1,/y, S,- I —_ //I//�w -
Debra Barham, CMC Kerrs n , PLLC
City Clerk Cityttrrey
Resolution - Setting PH for VAC 2022-001 - 2
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