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HomeMy WebLinkAbout4621 Ordinance - Court St-Road 68 ROW Vacation (VAC 2022-008) - RECORDEDFRANKLIN COUNTY RECORDING COVER SHEET NAME AND RETURN ADDRESS: City of Pasco 525 N. Third Avenue Pasco, WA 99301 FORM COMPLETED BY: Krystle Shanks PLEASE PRINT OR TYPE INFORMATION: DOCUMENT TITLE(S) (or transaction contained therein) 1. Ordinance No. 4621 2. ROW Vacation - W. Court Street and Road 68 3. VAC 2022-008 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. Lamb 5 LLC 2. 3. 4. Additional names on page of document AFN # 1969126 ORDIN 11/29/2022 01:23 PM 6 Page(s) $208.50 Matt Beaton. Auditor Franklin Co.. WA PHONE # (509) 544-3096 LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range) 21-29-09, Short Plat 78-1 Lot 2 Ej Additional legal is on page of document AUDITOR'S REFERENCE NUMBER(S) ASSESSOR'S PROPERTY TAX PARCEL NUMBER 118-501-041 ❑ 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 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3`a Avenue Pasco, WA 99301 ORDINANCE NO. 4621 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, VACATING A PORTION OF RIGHT OF WAY LYING NORTH OF THE CENTERLINE OF WEST COURT STREET AND WEST OF THE CENTERLINE OF ROAD 68. 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, the City staff requested that the City Council initiate the vacation procedures for vacation of a portion of right of way lying north of the centerline of West Court Street and west of the centerline of Road 68; and WHEREAS, on October 17, 2022, pursuant to the Pasco Municipal Code (PMC) Section 12.40.040, the City passed Resolution No. 4264, initiating the vacation procedures, and setting a public hearing for the proposed vacation; and WHEREAS, pursuant to PMC Section 12.40.050, appropriate notice was given of the City's intent to vacate the public right-of-way; and WHEREAS, the City held a public hearing on the proposed vacation on November 21, 2022; and WHEREAS, the vacation process provided in PMC Chapter 12.40 requires a title report, and an appraisal of value and compensation unless waived by the City Council; and WHEREAS, pursuant to PMC Section 12.40.120(2) the City may waive the requirement for a title report, an appraisal of value and compensation 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 Council had previously determined that the right-of-way is not essential to public traffic circulation and is available for vacation; the grant of a substitute right-of-way has value as a right - Ordinance — ROW Vacation (VAC 2022-008) - 1 of -way at least equal to the right-of-way to be vacated; 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 proposed vacation does meet the above listed criteria for waiver of the requirement for a title report, an appraisal of value, and compensation pursuant to the PMC Section 12.40.120(2) as it was at the request of the City, initiated by Resolution of the City Council, acquired without cost to the City, and the resulting benefit to the community will outweigh any value of the vacated right-of-way; and WHEREAS, the City Council may approve a right-of-way vacation upon making findings pursuant to PMC Section 12.40.070(1)-(4), that the vacation of the right-of-way will not adversely affect traffic accessibility and circulation within the immediate area or with 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; and WHEREAS, the City Council finds that the required criteria of the PMC Section 12.40.070(1)-(4) have been met; 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 a portion of right-of-way, as described below, and as depicted in Exhibit A, be and the same is hereby vacated; A STRIP OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 27, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, MARKED BY A 2.5 INCH BRASS CAP IN CASE LOCATED AT INTERSECTION OF ROAD 60 & WEST COURT STREET; THENCE SOUTH 89021'17" WEST ALONG THE NORTH LINE OF SAID SECTION 27 A DISTANCE OF 2,668.73 FEET TO THE NORTHWEST CORNER OF SAID SECTION 27, MARKED BY A 2.5 INCH BRASS CAP IN CASE WITH PUNCH ONLY LOCATED AT THE INTERSECTION OF ROAD 68 & WEST COURT STREET; Ordinance — ROW Vacation (VAC 2022-008) - 2 THENCE SOUTH 89°22'19" WEST ALONG THE SOUTH LINE OF SAID SECTION 21 A DISTANCE OF 258.55 FEET; THENCE NORTH 00°37'41" WEST A DISTANCE OF 48.50 FEET; THENCE NORTH 89°22'19" EAST A DISTANCE OF 127.54 FEET TO A POINT ON THE ARC OF A NON TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 206.02 FEET; THE RADIUS POINT OF WHICH BEARS NORTH 05°47'00" WEST; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 42.63 FEET, WITH A DELTA ANGLE OF 11'5 1'24", A CHORD BEARING OF NORTH 78-17'18" EAST, AND A CHORD LENGTH OF 42.56 FEET TO A POINT OF COMPOUND CURVATURE TURNING TO THE LEFT, HAVING A RADIUS OF 56.00 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 27.24 FEET, WITH A DELTA ANGLE OF 27°52'09", A CHORD BEARING OF NORTH 58°25'32" EAST, AND A CHORD LENGTH OF 26.97 FEET TO THE WESTERLY MARGIN OF THE VARIABLE WIDTH RIGHT OF WAY DEDICATED PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 428389 AND TRUE POINT OF BEGINNING; SAID POINT BEING ON THE CONTINUATION OF THE PREVIOUSLY DESCRIBED CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 56.00 FEET; THENCE LEAVING SAID WESTERLY RIGHT OF WAY MARGIN AND FOLLOWING ALONG SAID CURVE CONTINUATION, HAVING AN ARC LENGTH OF 40.04 FEET, WITH A DELTA ANGLE OF 40°57'44", A CHORD BEARING OF NORTH 24°00'35" EAST, AND A CHORD LENGTH OF 39.19 FEET; THENCE NORTH 03°31'43" EAST A DISTANCE OF 8.51 FEET TO SAID WESTERLY RIGHT OF WAY MARGIN; THENCE SOUTH 76°44'31" WEST ALONG SAID WESTERLY RIGHT OF WAY MARGIN A DISTANCE OF 22.21 FEET TO A POINT ON THE ARC OF A NON TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET; THE RADIUS POINT OF WHICH BEARS SOUTH 59° 13'42" WEST; THENCE ALONG SAID CURVE AND CONTINUING ALONG SAID WESTERLY RIGHT OF WAY MARGIN, HAVING AN ARC LENGTH OF 40.65 FEET, WITH A DELTA ANGLE OF 46°34'49", A CHORD BEARING OF SOUTH 07°28'53" EAST, AND A CHORD LENGTH OF 39.54 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 480 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. 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. Ordinance — ROW Vacation (VAC 2022-008) - 3 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 Chapter 12.40, the City Council hereby waives the requirements for an appraisal, title report, survey, and compensation for the vacated right-of-way. PASSED by the City Council of the City of Pasco, Washington this 21' day of November, 2022. Blanche Barajas Mayor ATTEST: Debra Barham, CMC City Clerk Published: &a"'&u- aau, &ZI, s ar,t. Ordinance — ROW Vacation (VAC 2022-008) - 4 APPROVED AS TO FORM: EXHIBIT A SKETCH FOR RIGHT OF WAY VACATION LOCATED IN THE SE 1/4 OF THE SE 1/4 OF SECTION 21, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON n I 6' UTILITY EASEMENT m m C) PER (R) II II II II II II - 48.50' N < m(nv-u ;>om=omZ ca -Vo mZmr-c-q 4v-1co o<Z�R- g� CD �('1z m z I �; Z fmm 0 0�-A r J D z w J Co m 00 v I N00'37'41 "W U) m♦ I 00 O Ln I . > Y \ Ln o �Axz I� n v cr .0 C _ 8.50' o � C) r I p� C 0 I D cn O � { _ =1 - za I coo fQ I``^^ V/ � O7 O cm I N Z m0 C4 zD(n �dl` ^ vo I � m ccn c v ci D < * � AU)> J o N i� m m pt ; D 0 71zz ZmOZD — O (n mr. p m �D 0 . f40' R/Wn I a .D.. - i Vt r in 22 < a n cn m D O m m c,+ m _p: N Z o 0 AS DEPICTED ON (R) V) O0 auz �L m O D _ N I U) m♦ I 00 O Ln C:00 m mnc 0 > Y \ Ln o �Axz v cr _ o � C) r I p� Z D cn O � { _ 0) C-) C N C4 zD(n �dl` C4 Nrn rnmn[) N� � AU)> N i� m m c 3 �, 71zz ZmOZD — _ I a m y o V) O0 auz �L o�Z� oO A Vl 0 x n U) A O W -- ROAD ROAD 68 (CL) 0 0 0 IN) 0 Z m - Lo m \ Q �pcz 0 0 " o N c Zo m Lo ;u a z N m� V7 C1 m p 1mN O z- �O 000 O J I wm� z�mx A ,t)r �Y N oAvo Da m v Ln o Op _ N � _ 0) 00 ccn X co (n Dn Om 31n II W m T D- D D _ J� n 'o" Z Z O OlU O (.4— ;o O� m ac A� m m 00' O V�r N t D Arq og WPAS$i: ?I < C ESS DNAI. 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