Text Box: ORDINANCE NO. 351

AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON VACATING A PORTION OF AN ALLEY ABUTTING LOTS 1 THROUGH 14 OF BISSON'S FIFTH ADDITION.

Whereas, a petition by abutting property owners to vacate an alley was received April 1, 1997, and

Whereas, a hearing was set for June 3, 1997 for the vacation of an alley abutting lots 1 through 14 of Bisson's Fifth Addition, more specifically described on Exhibit "1" attached hereto and incorporated by reference as if set out in full, and

Whereas, the Town is proceeding in accordance with RCW 35.79.030, and

Whereas, the Town Clerk is to cause a copy of the ordinance to be recorded by the Clerk of the Town and in the office of the Auditor of Pierce County, and

Whereas, the Town desires to retain an easement for the right to exercise and grant easements with respect to the land being vacated herein for the construction, repair and maintenance of public utilities and services, and

Whereas, the vacation shall not be effective until the owners of the property abutting upon the street so vacated shall compensate the Town in the amount that does not exceed 1/2 the appraised value of the area so vacated except that compensation may be required in an amount equal to the full value of the property so vacated if the subject property or portions therefore were acquired at public expense, and

Whereas, the process was initially begun by the appearance at a Town meeting of three property owners on April 1, 1997. The three property owners were Mr. Jeff Engel, Mr. Parks and Mr. James Frederiksen. Mr. Frederiksen stated that he owns lots 1 - 7 and 10 - 14, Jeff Engel indicated he owns Lot 8 and Mr. Parks indicated in owns Lot 9, all three requested the Town vacate the alley and allow them to use the area to extend their lots. The Council requested they present their request in a Petition which was done and the Council set a hearing, and

Whereas, the hearing was held on June 3, 1997, and Whereas, there was a request to hold the vacation, then, the Town received a transmittal from Jeff Engel of March 24, 1998 requesting the Town proceed with the Ordinance to vacate the property.

Now, therefore, the Town Council of the Town of South Prairie, Pierce County, Washington do ordain as follows:

Section 1: That the property consisting of an alley of abutting Lots 1 through 14 of Bisson's Fifth Addition, South Prairie, Pierce County, Washington legally described on Exhibit "1" attached hereto and incorporated as if set out in full be vacated pending payment of the abutting property owners to the Town in an amount not to exceed 1/2 the appraised value of the area so vacated, except if in the event the subject property or portion thereof was acquired at public expense, in which case, compensation shall be required in the full appraised value of the vacation.

Section 2: A certified copy of this ordinance shall be recorded with the office of the Town Clerk and in the office of the Pierce County Auditor.

 Section 3: That the Mayor is to carry out such administrative procedures as required to provide for the transfer.

Section 4: That the transfer is to reserve to the Town easements for all services and utilities and the right to construct, maintain and repair any such services or utilities.

Section 5: If any provision of this ordinance is determined to be invalid or unenforceable for any reason, the remaining provisions shall remain in force and affect.

 

Section 6: This ordinance shall take affect and be in force five (5) days from and after its passage, approval and publication as required by law.

 

Attested:                       Mayor Layne Ross

Marla Nevill                   INTRODUCED: 4/7/98

Acting Town Clerk/Treasurer    PASSED: 5/5/98

Approved as to Form:           APPROVED: 5/5/98

Michael J Reynolds             PUBLISHED: 5/11/98

City Attorney


EXHIBIT ''1"
SOUTH PRAIRIE ORDINANCE
#351

 

Lots 1 - 7 inclusive, in Block 5 as the same are known and designated upon a certain plat entitled Francis Bisson's Fifth Addition to South Prairie which was filed for record in the Office of said County.

 

Commonly known as:       210 S.E. 2nd South Prairie, WA

Tax Parcel Number:        253050-013-0

Owner:                    James Frederickson

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Lot 8 in Block 5 of Francis Bisson's Fifth Addition to South Prairie, according to plat recorded in Book 9 of Plats at page 52, in South Prairie, Pierce County, Washington Together with the Westerly 5 feet of Lot 9 in Block 5 of Francis Bisson's Fifth Addition to south Prairie, according to plat recorded in Book 9 of plats at page 52.

 

Commonly known as:        209 S.E. 3rd

South Prairie, WA

Tax Parcel Number:        253050-014-1

Owner:                    Jeffrey L. Engel & Nancy J. Engel

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Lot 9 in Block 5 of Francis Bisson's Fifth Addition to South Prairie, according to plat recorded in Book 9 of Plats at page 52, in South Prairie, Pierce County, Washington Except the Westerly 5 feet thereof.

 

Commonly known as:     213 S.E. 3rd South Prairie, WA

Tax Parcel Number:        253050-014-2

Owner:                    Brenda C. Davis

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Lots 10, 11, 12, 13, & 14 in Block 5 of Francis Bisson's Fifth Addition to South Prairie, according to plat recorded in Book 9 of Plats at page 52, in South Prairie, Pierce County, Washington

 

Commonly known as:     221 S.E. 3rd South Prairie, WA

Tax Parcel Number:        253050-014-3

Owner:                    James Frederickson