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HomeMy WebLinkAbout4702 Ordinance - KS Family Enterprises row Vacation (VAC2023-001)FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3`d Avenue Pasco, WA 99301 ORDINANCE NO.4702 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, VACATING A PORTION OF NORTH WYOMING AVENUE RIGHT-OF-WAY IN FREY'S ADDITION TO PASCO, WASHINGTON. 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 a portion of North Wyoming Avenue right- of -way in Frey's Addition to Pasco 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, on November 6, 2023, pursuant to the PMC Section 12.40.040, the City passed Resolution No. 4389, setting a public hearing for the proposed vacation; and WHEREAS, pursuant to PMC Section 12.40.050, appropriate notice was given of the public hearing related to possible vacation of the public right-of-way; and WHEREAS, the City held a public hearing on the proposed vacation on December 4, 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 2023-001 - 1 Version 11.28.23 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)(e) 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 North Wyoming Avenue right-of-way in Frey's Addition to Pasco according to the plat thereof recorded in Volume " B" of plats at page 16, records of Franklin Co, Washington being described as follows: A strip of land lying 40.00 feet north of the southerly right-of-way line of vacated Trinidad Street and 10. 00 feet east of the westerly right-of-way line of North Wyoming Avenue, together with and subject to easements, reservations, covenants and restrictions of record and in view. Ordinance VAC 2023-001 - 2 Version 11.28.23 Section 2. That the City shall retain an easement and the right to exercise or grant easements adjacent to North Wyoming Avenue. Section 3. That pursuant to PMC Chapter 12.40, the City Council does hereby waive the requirements for an appraisal, title report, 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. PASSED by the City Council of the City of Pasco, Washington this 4 h day of December, 2023. -i - Blanche Barajas Mayor ATTEST: J'��-6� Debra Barham, CMC City Clerk Ordinance VAC 2023-001 - 3 Version 11.28.23 APPROVED AS TO FORM: Kerr >m� aw, PLLC Cityeys "EXH I BIT A" S.E.. 1 /4 OF SEC. 20, T.09N., R.30E., W.M., CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON EXHI BI T SKETCH TO ACCOMPANY LEGAL DESCRIPTION ST �o z 0 ftl 3A A CATER ER RD•� � , � A "c \ \ PARCEL 134740�7- aG ADJUSTED PARCEL 2, \ RECORD SURVEY J -965 - o / SUPERIOR / EAST SCALE 1 " = 80' SKETCH FOR K&S FAMILY ENTERPRISES h�pnrToy STRATTON SURVEYING & MAPPING P.C. 31-1 110RIH 110RAIN STREET S (� KENNEYACK, WA 99336 Y\� (509) 735-7364 FAX: (509) 735-6560 www_strat tonsurvey. rom STRATTON SURVEYING MAPPING, PC 313 NORTH MORAIN STREET KENNEWICK, WA 99336 PHONE: (509) 735-7364 FAX: (509) 735-6560 E-MAIL: strattona-strattonsurvey.com DATE: 05/12/2023 DRAWING: 5580SK1.DWG RIGHT-OF-WAY RELINQUISHMENT DESCRIPTION: THAT PORTION OF NORTH WYOMING AVENUE RIGHT-OF-WAY IN FREY'S ADDITION TO PASCO ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME "B" OF PLATS AT PAGE 16, RECORDS OF FRANKLIN COUNTY, WASHINGTON BEING DESCRIBED AS FOLLOWS: A STRIP OF LAND LYING 40.00 FEET NORTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF VACATED TRINIDAD STREET AND 10.00 FEET EAST OF THE WESTERLY RIGHT-OF- WAY LINE OF NORTH WYOMING AVENUE. TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS, COVENANTS AND RESTRICTIONS OF RECORD AND IN VIEW. SEE ATTACHED EXHIBIT SKETCH TO ACCOMPANY THIS LEGAL DESCRIPTION. A o ' w' S t{, frjl • L- ao � 38021 l NAL SL