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HomeMy WebLinkAbout4648 Ordinance - Empire Bros ROW Vacation (VAC 2022-010) - 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: AFN # 1973865 ORDIN 05/02/2023 10:48 AM 6 Page(s) $208.50 Matt Beaton, Auditor Franklin Co.. WA PHONE # (509) 544-3096 DOCUMENT TITLE(S) (or transaction contained therein) 1. Ordinance No. 4648 2. VAC2022-010 3. GRANTOR(S) (Last name, first name, middle name/initials).- 1. City of Pasco 2. 3. 4. Additional names on page of document GRANTEE(S) (Last name, first name, middle name/initials): 1. Empire Bros Construction 2. 3. 4. Additional names on page of document LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range) 28-30-09, Washington Lot 1-8 Block 6 ❑✓ Additional legal is on page 2 of document AUDITOR'S REFERENCE NUMBER(S) ASSESSOR'S PROPERTY TAX PARCEL NUMBER 113-882-103 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 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 31 Avenue Pasco, WA 99301 ORDINANCE NO.4648 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, VACATING PORTIONS OF RIGHT-OF-WAY IN WASHINGTON ADDITION TO PASCO IN THE VICINITY OF EAST HELENA STREET IN PASCO, WA. 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 (ROW); and WHEREAS, a petition for vacating portions of street and alley rights -of -way surrounding Lots 1-8, Block 6 of the 1913 Washington Addition to Pasco plat, has been submitted to the City by owners of more than two-thirds of the properties abutting the portion of the right-of-way to be vacated per Pasco Municipal Code (PMC); and WHEREAS, the city deems it appropriate to extend the vacation area to include portions of street and alley rights -of -way surrounding Lots 9-32, Block 6 of the 1913 Washington Addition to Pasco plat so as to maintain ROW continuity in Block 6; and WHEREAS, on March 20, 2023, pursuant to the PMC Section 12.40.040, the City passed Resolution No. 4322, 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 April 17, 2023; 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 Ordinance VAC 2022-010 — Empire Bros Const. - 1 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- 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 requirements for a title report, an appraisal of value, and compensation pursuant to PMC Section 12.40.120(2) as it was acquired without cost to the City and the resulting benefit to the community, in terms of increased traffic safety as a direct result of safer turn radius, 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; THAT PORTION OF WASHINGTON ADDITION TO PASCO, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE NORTH -SOUTH ALLEY IN BLOCK 6; TOGETHER WITH THE EAST -WEST ALLEY IN BLOCK 6; Ordinance VAC 2022-010 — Empire Bros Const. - 2 TOGETHER WITH THE EAST 10.00 FEET OF SPOKANE STREET ADJACENT BLOCK 6; TOGETHER WITH THE SOUTH 10.00 FEET OF EAST HELENA STREET ADJACENT BLOCK 6. TOGETHER WITH THE WEST 10.00 FEET OF SPRAGUE STREET ADJACENT BLOCK 6; TOGETHER WITH THE NORTH 10.00 FEET OF EAST BUTTE STREET ADJACENT BLOCK 6. CONTAINING 24,380.35 SQUARE FEET, MORE OR LESS. SITUATE IN FRANKLIN COUNTY, STATE OF WASHINGTON. Section 2. That the City shall retain an easement and the right to exercise or grant easements adjacent Block 6 of the 1913 Washington Addition to Pasco plat for the construction, repair and maintenance of public utilities and services. Section 3. That pursuant to PMC Chapter 12.40, the City Council does not the requirements for an appraisal, title report, survey, and compensation for the vacated right-of-way. Section 4. 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 5. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this Ordinance. Section 6. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener's errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 7. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Ordinance VAC 2022-010 — Empire Bros Const. - 3 PASSED by the City Council of the City of Pasco, Washington this 17th day of April, 2023. Bla a Barajas Mayor ATTEST: 14 6'A % Debra Barham, CMC City Clerk Published: Ordinance VAC 2022-010 — Empire Bros Const. - 4 APPROVED AS TO FORM: r aw, PLLC City orneys Z any anBeadS W U0 W Is Afll-)V?ids . i-' i_ U a O U1 uLLJ cn O <r •� pLli �z h Mii © jSe� {�eO� S o. poi oz V,t )CI, oI cl ~✓ U cn .. ;� cn v ►� <C w 0 r- N r qw c -4ma =-j - T- LL 4S elnossiW • I••rl M W