HomeMy WebLinkAbout4005 Resolution - Setting Public Hearing _Vacating ROW-Pasco Coca ColaRESOLUTION NO. 4005
A RESOLUTION INITIATING VACATION PROCEEDINGS AND
SETTING 7:00 PM, NOVEMBER 16, 2020 AS THE TIME AND DATE TO
CONDUCT A PUBLIC HEARING TO CONSIDER VACATING A PORTION
OF ACCESS EASMENTS RESERVED BY CITY ORDINANCE NO. 4281 AND
ADDITIONALLY GRANTED TO THE CITY UNDER FRANKLIN COUNTY
AUDITOR FILE NO. 1858915
WHEREAS, the vacation process provided in PMC 12.40 allows the City Council to
initiate vacation proceedings by resolution; and,
WHEREAS, the vacation process provided in PMC 12.40 requires that the City Council
set a hearing on vacation by resolution, with the date of the hearing being not more than sixty (60)
days nor less than twenty (20) days after the date of passage of such resolution; and,
WHEREAS, the vacation process provided in PMC 12.40, allows for the resolution
seeking vacation by the City Council to be consolidated with the resolution setting the hearing into
a single resolution; and,
WHEREAS, the vacation process provided in PMC 12.40 requires a title report and an
appraisal of value and compensation unless waived by the City Council; and,
WHEREAS, pursuant to PMC 12.40.120(2)(a) waiver of a title report, an appraisal and
compensation is warranted due to City Council initiating vacation of a portion of ACCESS
EASMENTS RESERVED BY CITY ORDINANCE NO. 4281 (EXHIBIT A) AND
ADDITIONALLY GRANTED TO THE CITY UNDER FRANKLIN COUNTY AUDITOR FILE
NO. 1858915 by resolution; or
WHEREAS, Chapter 35.79 RCW requires public hearings on vacations to be fixed by
Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. Initiation of Vacation Proceedings. The City Council of the City of Pasco
hereby initiates vacation proceedings for a portion of ACCESS EASMENTS RESERVED BY
CITY ORDINANCE NO. 4281 (EXHIBIT A) AND ADDITIONALLY GRANTED TO THE
CITY UNDER FRANKLIN COUNTY AUDITOR FILE NO. 1858915
Section 2. Waiver of Requirements. That pursuant to PMC 12.40, the City Council
hereby waives the requirement for an appraisal, title report and payment of compensation for the
proposed right-of-way vacation of a portion of ACCESS EASMENTS RESERVED BY CITY
ORDINANCE NO. 4281 (EXHIBIT A) AND ADDITIONALLY GRANTED TO THE CITY
UNDER FRANKLIN COUNTY AUDITOR FILE NO. 1858915.
Resolution — Setting PH for Access Easement Vacation - 1
Section 3. Notice of Heariny,: That a public hearing to consider vacating the following
will be held before the 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 November 16, 2020:
law.
Those portions of the 30 -foot wide (fifteen feet on either side of the centerline)
Access Easement over and across vacated West Henry Street between the east right-of-way
line of Road 34 and the northerly projection of the east line of vacated Road 32 reserved
and retained by the City of Pasco in Section 3 of Pasco Ordinance 4281, Passed on April
18, 2016, and the 24 foot wide Access Easement granted by Pasco Coke LLC to the City
of Pasco by the Easement Recorded 03/07/2017 under AFN # 1858915 records of the
Franklin County, WA, Auditor, located over, under and across the North 286 feet of the
West half of the Northeast quarter of the Southwest quarter of the Northwest quarter of
Section 25, Township 9 North, Range 29 East. W.M., City of Pasco, Franklin County,
Washington, lying Northerly of the Northerly line of a 24 -foot -wide access easement, the
centerline of which is described as follows:
Commencing at the Northwest corner of said Section 25, being a brass cap
in a monument case; thence along the North line of said Section 25 North 89°01'44"
East for 661.68 feet; thence South 00°09'15" West for 1,333.60 feet to the
Northwest corner of the Northeast quarter of the Southwest quarter of the
Northwest Quarter of said Section 25 and being the intersection of Road 34 and
vacated Henry Street per City of Pasco ordnance 4281, thence along the centerline
of said vacated Henry Street South 89°10'21" East for 30.00 feet to the West Right
of Way of Road 34; thence continuing along said vacated centerline South
89°10'21" East for 34.38 feet to the true point of beginning of said 24.00 -foot
variable length access easement centerline; thence South 58°23'02" East for 72.43
feet; thence North 89°11'58" East for 110.60 feet; thence North 60°10'07" East for
80.24 feet, to the terminus of said 24 -foot -wide access easement centerline.
That the City Clerk of the City of Pasco give notice of said public hearing as required by
PASSED by the City Council of the City of Pasco, Washington this 10 day of October,
2020.
'4� —
Saul Martinez
Mayor
ATTEST:
] gt
Debra Barham, CMC
City Clerk
Resolution — Setting PH for Access Easement Vacation - 2
APPROVED AS TO FORM:
Kerr Ferguso aw, PLLC
City Attorney
EXHIBIT A
Text of Ordinance No. 4281
AFN # 1844970
ORDIN
05/09/2016 02:13 PM
4 Page(s) $76.00
Matt Beaton, Auditor
Franklin Co., WA
WHEN RECORDED PLEASE RETURN TO:
City of Pasco
Attn: City Planner
525 North 3'
Pasco, WA 99301
ORDINANCE NO. 4281
AN ORDINANCE VACATING A PORTION OF WEST HENRY STREET.
WHEREAS, a qualified petition has been submitted to the City Council of the City of
Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and
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, 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 all of West Henry between the east right-of-way line of Road 34 and the
west right-of-way line of Highway 395, as depicted in Exhibit" I" be and the same is hereby
vacated subject to the easement retained in Section 2 hereof.
Section 2. That the City shall retain an easement and the right to exercise or grant
easements with respect to northerly 20 feet of West Henry between the east right-of-way line of
Road 34 and the northerly projection of the west line of vacated Road 32 and the full width
easement in vacated West Henry Street east of the northerly projection of the west line of
vacated Road 32 all in West Henry Street vacated in Section 1 above for the construction, repair
and maintenance of public utilities and services.
Section 3. That the City shall retain a 30 -foot (fifteen feet on either side of the center
line) easement over and across vacated West Henry Street between the east right-of-way line of
Road 34 and the northerly projection of the east line of vacated Road 32 and the full width access
easement in vacated West Henry Street east of the northerly projection of the east line of vacated
West Henry Street.
1.
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. 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, this 18th day of April 2016.
Matt Watkins, Mayor
Attest: Debra L. Clark, City Clerk
Approved as to Form:
Leland Kerr, City Attorney
Exhibit Item: Portion of West Henry Street
#1 Applicant: Russ Dean N-
#1 #: VAC 2016-005
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