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Home My WebLink About4710 Ordinance - PSD Orion CCA High School ROW Vacation (VAC 2023-003) NOT RECORDED Ordinance VAC 2023-003 - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. 4710 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, VACATING A PORTION OF THE NORTHERLY RIGHT -OF-WAY OF EAST SALT LAKE STREET RIGHT-OF-WAY IN BLOCKS 20 AND 21 OF 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 the Northerly Right-of-Way of East Salt Lake Street in Blocks 20 and 21 of 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 March 4, 2024, pursuant to the PMC Section 12.40.040, the City passed Resolution No. 4431, 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 April 1, 2024; 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 2023-003 - 2 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 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 parcel of land being a portion of the Northerly Right-of-Way of East Salt Lake Street, located in a portion of the Southeast Quarter of the Southeast Quarter of Section 20, Township 9 North, Range 30 East, Willamette Meridian, Franklin County, Washington, described as follows: Beginning at the Southeast corner of Block 20 of “Frey’s Addition” according to the plat thereof recorded under Volume B of Plats at Page 16, records of Franklin County, Washington; Ordinance VAC 2023-003 - 3 Thence South 70°08'52" West along the Southerly line of said Block 20 and Block 21 and portions of vacated alley ways, 541.39 feet; Thence South 64°51'09" East, 14.14 feet to a point 10.00 from when measured at right angles to the Southerly lines of said Blocks 20 and 21; Thence North 70°08'52" East, parallel with and 10.00 feet from when measured at right angles to the Southerly lines of Blocks 20 and 21, 527.94 feet to the East line of said Southeast Quarter; Thence North 00°47'42" West along the East line of said Southeast Quarter, 10.58 feet to the POINT OF BEGINNING; Containing 5346 sq ft Together with and subject to easements, reservations, covenants and restrictions apparent or of record. Section 2. That the City shall retain an easement and the right to exercise or grant easements adjacent to East Salt Lake Street. 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 l aws, 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 2023-003 - 4 PASSED by the City Council of the City of Pasco, Washington this 1st day of April, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Sunday, April 7, 2024 \ EXHIBIT "A" JOB NO: 23-215 DATE: 10-24-23 ...> --0 �� < �.> 0 ID O' CURVE RADIUS C5 25.00' RIGHT -OF -WAY --t-----,....;::==:��-DEDICA Tl ON - NOT TO SCALE CURVE TABLE DELTA ARC DIST. 23°34'44" 10.29' PASCO SCHOOL DISTRICT NO. 1 PARCEL NO. 113474050 9.50 ACRES CHORD BEARING CHORD DIST. S 31 °38'32" E 10.22' BLOCKS 20, 21, 36 AND 37 AND VACAlED NEVADA. PUEBLO AND ALLEY WAYS OF •FREY"s ADDITION• (B-16) SOUTHEAST CORNER OF BLOCK 20 10' RIGHT-OF-WA VACATIO �1 dff)f �o•Ou ,,:.i� ? p.,B-�0,oo'\ ,-:;/ - \ y;p._B-��to s0 \ \\:.l \ ct'-\ ? p._B. o\OA-'\ ,\:.is \ -" -0 -" )> t.,.J ;a ()1 0 ()1 rTJ o,0 ---.J