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HomeMy WebLinkAbout4175 Resolution - Setting PH for Vacation Burns Road Short Plat 2020-22 Barker Ranch (VAC 2022-002) RESOLUTION NO. 4175 A RESOLUTION SETTING 7:00 P.M., MONDAY, JUNE 6, 2022, AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A 10-FOOT RIGHT-0E-WAY FOR BURNS ROAD ESTABLISHED PER SHORT PLAT 2020-22. 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 for vacation of a 10-foot right-of-way for Burns Road,pursuant to the Pasco Municipal Code (PMC) 12.40.020(2)by owners abutting the part of the right-of-way to be vacated, established per Short Plat 2020-22 has been submitted to the City; and WHEREAS,the vacation process,by petition application,provided in 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 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 Burns Road Short Plat 2020-22,the 10-foot portion of the right- of-way 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 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, the cost of an appraisal and title report shall not be waived as none of the conditions in 12.40.120 are met; and WHEREAS, PMC 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. NOW THEREFORE,SE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Resolution- Setting PH far VAC 2022-002- 1 Section 1. Waiver of Requirements. That pursuant to PMC Chapter 12.40, the City Council hereby finds the conditions for waiver, of the requirements for an appraisal, title report and payment of compensation for the proposed vacation, are not met for vacation of a 10-foot right-of-way for Burns Road established per Short Plat 2020-22 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 June 6, 2022: VACATION OF A 10 FOOT RIGHT OF WAY FOR BURNS ROAD ESTABLISHED PER SHORT PLAT NO. 2020-22 RECORDED IN VOLUME 2 OF SHORT PLATS AT PAGE 361 AUDITOR'S FILE NUMBER 1918957 RECORDS OF THE FRANKLIN COUNTY AUDITOR. LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF PASCO, COUNTY OF FRANKLIN, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 6 BEING A 3" BRASS CAP STAMPED "FRANKLIN COUNTY PUBLIC WORKS, LS 38481 ", THENCE NORTH 00'S5'29" EAST ALONG THE WEST LINE OF THE SOUTHEAST QUARTER SAID SECTION 6 A DISTANCE OF 85.55 FEET; THENCE NORTH 89'22'44" EAST A DISTANCE OF 30.01 FEET TO THE SOUTHWEST CORNER OF LOT 5 OF SAID SHORT PLAT NO. 2020- 22, AND THE TRUE PO1NT OF BEGINNING; THENCE NORTH 89"22'44" EAST ALONG THE SOUTHERLY LINE OF SAID LOT 5 A DISTANCE OF 1,271.39 FEET TO THE SOUTHEAST CORNER OF SAID LOT 5; THENCE SOUTH 00'S5'20" WEST ALONG THE SOUTHERLY PROJECTION OF THE EAST BOUNDARY OF SAID LOT 5 A DISTANCE OF 10.00 FEET; THENCE SOUTH 89'22'44" WEST ALONG A 40 FOOT OFFSET TO THE NORTH FROM THE MONUMENTED CENTER LINE OF BURNS ROAD AS ESTABLISHED PER FRANKLIN COUNTY AUDITOR'S FILE 1754579 A DISTANCE OF 1,271.40 FEET TO THE INTERSECTION WITH THE SOUTHERLY PROJECTION OF THE WEST BOUNDARY OF SAID LOT 5; THENCE NORTH 00'SS29" EAST ALONG SAID PROJECTION A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 12,714 SQUARE FEET, 0.29 ACRES. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. Resolution-Setting PH for VAC 2022-002-2 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 2na day of May, 2022. � l�- - Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: � � '`:� �_ -- �`� Debra Barham, CMC �err er , n , LC City Clerk City A orney Resolution-Setting PH for VAC 2022-002-3 o ' • � N I . N M '(n�fnt,..�W � O � :cnWQOpc� � � � . Q� J Q � � a0 ?s O ;mW�Wm� O 0 ^ U w Z � �ij W � � O� O p I :� =pihN ¢ 2 � 0 � II o � �,�n � ' �3U�c�i� T � � Q Q .m Z�\ � a� � � v�i :wan-\vtOi o 4.1 �U w N U n- _ �J o � O � tO V� 00 I �i O Z Ill U � W O� � i v � Z v 6L5�SL l�N�t/ "' a F Q 2�3d M/2i ,0� � : 0 �� 6L5b5Ll � �- LS68161�N�11 � : N�d �i3d � Q o . \�0 2i3d M/2! ,OL : 3�8d1�d� m m 0 � �a? 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