2982ORDINANCE 2982
AN ORDINANCE VACATING A PORTION OF
RIGHT-OF-WAY DEDICATED FOR THE
DEVELOPMENT OF 3rd AVENUE NEAR LEWIS
ELLIOTT ADDITION PLAT.
WHEREAS, on November 26, 2019, the City Council adopted Ordinance No. 2939 to
vacate a portion of city right of way described as follows:
A PORTION OF RIGHT OF WAY A DISTANCE OF 280 FEET AND 60
FEET WIDE ALONG THE EASTERLY PORTION OF LEWIS ELLIOT
ADDITION NO. 2 OF MOSES LAKE, COMMONLY KNOWN AS 3RD
AVENUE.
Subject to the requirement that the adjacent property owner complete a lot consolidation to
eliminate lots without public access and subject to compensation for one half of the
purchase price of the vacated property in the amount of $33,852.00;
WHEREAS, Ordinance No. 2939 set forth the incorrect legal description and amount of
compensation and the notification requirements of RCW 35.79.020 were not met;
WHEREAS, the City Council desires to complete the vacation as illustrated on the
attached map and corrections to the legal description;
WHEREAS, the City set a public hearing for the 24th day of August, 2021, at 7:00 p.m.,
for the purpose of holding a public hearing regarding the vacation of city right of way as
described in the notice which was continued to September 14; and
WHEREAS, the notice of the public hearing was given in accordance with RCW
35.79.020 and the public hearing was opened before the City Council on August 24, 2021,
and September 14, 2021, for all persons wishing to be heard were heard.
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Ordinance 2939 is hereby declared void and repealed and replaced by this
Ordinance.
Section 2. The following described public right-of-way shall be vacated:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 9, LEWIS ELLIOT
ADDITION NO. 2, PER THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE
27, RECORDS OF GRANT COUNTY, WASHINGTON; THENCE N53°42’00”E
ALONG THE NORTHWESTERTLY BOUNDARY OF THIRD AVENUE, 280.00 FEET
TO THE EASTERLY-MOST CORNER OF LOT 12, OF SAID LEWIS ADDITION NO.
2; THENCE S36°18’00”E, 30.00 FEET TO THE CENTERLINE OF SAID THIRD
AVENUE; THENCE S53°42’00”W ALONG SAID CENTERLINE OF THIRD
AVENUE, 290.00 FEET TO THE SOUTHERLY-MOST CORNER OF LEWIS
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ADDITION NO. 2 PLAT; THENCE N36°18’00”W ALONG THE SOUTHWEST
BOUNDARY OF THE PLAT, 30.00 FEET; THENCE N52°42’00”W, 10.00 FEET TO
THE SOUTHERLY-MOST CORNER OF LOT 9, BEING THE POINT OF BEGINNING.
Section 3. The City is in receipt of the full purchase price of the vacated property as
compensation.
Section 4. Severability. If any section of the ordinance is found to be unconstitutional or invalid
as written or as applied to any particular person or circumstances, no other section of the
ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted
independently and without regard to the section affected.
Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days after its
passage and publication of its summary as provided by law.
ADOPTED by the City Council of the City of Moses Lake, Washington and signed by its
Mayor on September 14, 2021.
________________________________________
David Curnel, Mayor
ATTEST:
________________________________
Debbie Burke, City Clerk
APPROVED AS TO FORM:
____________________________________
Katherine L. Kenison, City Attorney
Riggs Liebrecht Myers Jackson Curnel Eck Hankins
Vote:
Date Published: September 20, 2021
Date Effective: September 25, 2021
Aye Aye Aye Aye Aye Aye Aye
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Signature Certificate
Document Ref.: XRQ2Y-LJT8V-WJ8RS-KXMMM
Document signed by:
Katherine Kenison
Verified E-mail:
kkenison@basinlaw.com
IP: 173.209.171.7 Date: 16 Sep 2021 18:56:29 UTC
Mayor David Curnel
Verified E-mail:dcurnel@cityofml.com
IP: 63.142.221.35 Date: 16 Sep 2021 19:40:22 UTC
Debbie Burke
Verified E-mail:
dburke@cityofml.com
IP: 63.135.54.162 Date: 16 Sep 2021 20:35:35 UTC
Document completed by all parties on:
16 Sep 2021 20:35:35 UTC
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