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HomeMy WebLinkAbout4202 Resolution -Brantingham ROW Vacation and Dedication (VAC 2022-004)RESOLUTION NO. 4202 A RESOLUTION SETTING 7:00 P.M., MONDAY, AUGUST 1, 2022, AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF RIGHT OF WAY ALONG EAST ADAMS STREET AND NORTH RAINIER AVENUE LOCATED ADJACENT LOTS 10, 11, & 12 OF THE FCID INDUSTRIAL PARK PLAT. 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 alleys; and WHEREAS, a petition for vacation of Right -of -Way along East Adams Street and North Rainier Avenue located adjacent Lots 10, 11, & 12 of the FCID Industrial Park Plat has been submitted to the City by owners of more than two-thirds of the property abutting the street to be vacated; and WHEREAS, the vacation process by petition application provided in the Pasco Municipal Code (PMC) Chapter 12.40 requires a survey, title report and an appraisal of value and compensation unless waived by City Council; and WHEREAS, a survey of the land proposed to be vacated has been provided by the applicant; and WHEREAS, pursuant to PMC 12.40.120(2), 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 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 City staff is requesting that Council make a determination concerning whether to waive the requirements of a title report, appraisal of value, and compensation pursuant to PMC 12.40.120(2) after holding a public hearing; 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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. The City Council waives the requirements for a survey for the proposed vacation of Right -of -Way along East Adams Street and North Rainier Avenue located adjacent Lots 10, 11, & 12 of the FCID Industrial Park Plat as depicted in the attached Exhibit A. Resolution - Setting PH for VAC 2022-004 - 1 Section 2. Notice of Hearing. 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 1 st day of August 2022: THAT PORTION OF THE RIGHT-OF-WAY DEDICATED UNDER AUDITOR'S FEE NUMBER 1917084, RECORDS OF FRANKLIN COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 11 OF F.C.I.D. INDUSTRIAL PARK PLAT RECORDED IN VOLUME D OF PLATS AT PAGE 65, RECORDS OF FRANKLIN COUNTY, WASHINGTON; THENCE NORTH 00025'02" WEST ALONG THE PROJECTED WESTERLY RIGHT-OF-WAY LINE OF RAINIER AVENUE 43.61 FEET; THENCE SOUTH 50019'22" WEST ALONG THE NORTHERLY LINE OF SAID DEDICATED RIGHT-OF-WAY 285.79 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 50019'22" WEST 482.39 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF ADAMS STREET AND THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, THE RADIUS OF WHICH BEARS NORTH 01 008'57" WEST 170.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44016'53" A DISTANCE OF 131.39 FEET; THENCE NORTH 44134'47" EAST 361.30 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SAID DEDICATED RIGHT-OF-WAY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF ABOVE SAID LOT 11; THENCE SOUTH 00°25'02" EAST ALONG THE PROJECTED WESTERLY RIGHT-OF-WAY LINE OF RAINIER AVENUE 33.88 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID DEDICATED RIGHT-OF-WAY AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 50019'22" WEST ALONG THE SAID RIGHT-OF-WAY LINE 233.74 FEET; THENCE NORTH 44°34'47" EAST 245.55 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, THE RADIUS OF WHICH BEARS NORTH 45025'13" WEST 230.00 FEET; THENCE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 44059'49" A DISTANCE OF 180.63 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF RAINER AVENUE; THENCE SOUTH 000 25'02" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE 139.31 FEET; THENCE SOUTH 50°19'22" WEST 77.49 FEET TO THE TRUE POINT OF BEGINNING. BEGINNING; TOGETHER WITH AND SUBJECT RESERVATIONS, RIGHT-OF-WAYS AND IN VIEW. Resolution - Setting PH for VAC 2022-004 - 2 TO EASEMENTS, COVENANTS, AND RESTRICTIONS OF RECORD Section 3. That Council will consider dedication of Right -of -Way as described below and as depicted in the attached Exhibit B: THAT PORTION OF LOT 11 AND LOT 12 OF F.C.I.D. INDUSTRIAL PARK PLAT RECORDED IN VOLUME D OF PLATS AT PAGE 65, RECORDS OF FRANKLIN COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 11; THENCE NORTH 00025'02" WEST ALONG THE PROJECTED WESTERLY RIGHT-OF-WAY LINE OF RAINIER AVENUE 43.61 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 50019'22" WEST ALONG THE NORTHERLY RIGHT-OF-WAY LINE DEDICATED UNDER AUDITOR'S FEE NUMBER 1917084, RECORDS OF FRANKLIN COUNTY, WASHINGTON 285.79 FEET; THENCE NORTH 44°34'47" EAST 242.54 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, THE RADIUS OF WHICH BEARS NORTH 45025'13" WEST A DISTANCE OF 170.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL OF ANGLE 44059'49" A DISTANCE OF 133.51 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF RAINER AVENUE; THENCE SOUTH 00°25'02" EAST ALONG SAID RIGHT-OF-WAY LINE 92.92 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF LOT 10 AND 12 OF ABOVE SAID PLAT AND VACATED ADAMS STREET BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF LOT 11 OF SAID PLAT; THENCE SOUTH 00025'02" EAST ALONG THE PROJECTED EASTERLY RIGHT- OF-WAY LINE OF RAINIER AVENUE 33.88 FEET; THENCE SOUTH 50°19'22" WEST ALONG THE SOUTHERLY RIGHT-OF-WAY LINE DEDICATED UNDER AUDITOR'S FEE NUMBER 1917084, RECORDS OF FRANKLIN COUNTY, WASHINGTON 233.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 50019'22" WEST ALONG SAID RIGHT-OF-WAY LINE 504.62 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, THE RADIUS OF WHICH BEARS NORTH 06043'18" WEST 230.00 FEET; THENCE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 38041'55" A DISTANCE OF 155.35 FEET; THENCE NORTH 44°34'47" EAST 358.29 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO EASEMENTS, COVENANTS, RESERVATIONS, RIGHT-OF-WAYS AND RESTRICTIONS OF RECORD AND IN VIEW Section 4. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Resolution - Setting PH for VAC 2022-004 - 3 Section 5. That the City Council will further decide whether to waive the requirements for an appraisal, title report, and compensation at the August 1, 2022, public hearing. Mayor ATTEST: Debra barham, CMC City Clerk it of the City of Pasco, Washington, this 5th day of July, 2022. 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