ORDINANCE NO. 214

AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON, TO ANNEX REAL ESTATE, OWNED BY THE TOWN, TO BE USED FOR MUNICIPAL PURPOSES, KNOWN AS "McGEHEE PROPERTY" OR KNCWN AS "FUTURE SITE OF WASTEWATER TREATMENT FACILITY" LOCATED TO THE WEST AND NORTHWEST OF THE TOWN LIMITS.

WHEREAS, the Town passed Resolution #116 on July 11, 1989 to proceed with the annexation of certain property, owned by the Town, for the purposes of constructing a sewer treatment facility, and

WHEREAS, subsequent to the date of this resolution additional property was donated by the McGehees, described below, which is adjacent to this property and which establishes additional property to be used for the sewer treatment facility and buffer area, and

WHEREAS, pursuant to RCW 36.93.110 a statement was received from the Washington State Boundary Review Board for Pierce County that review by the Boundary Review Board is not necessary, and

WHEREAS, that property purchased by the Town for the construction of a sewer treatment plant, subject to Resolution #116 is legally described to wit:

Beginning 20 feet west and 454.7 feet north of the southeast corner of the Paul Emery Donation Land Claim in section 13, township 19 north, range 5 east of the W.M., in Pierce County, Washington; thence west 191 feet and 7 inches; thence north 650 feet and 5 inches to the Northern Pacific Railway right of way; thence northeasterly along said right of way 197 feet and 3 inches; thence south 699 feet to the point of beginning, and

WHEREAS, that real estate contiguous with the above, which was gifted to the Town by McGehees, legally described to wit:

Ordinance No.: 214

Draft No.: 2

Draft Date: April 5, 1990 Ordinance Requested by:

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continuing North on same line to intersect with the center line of said former right-of-way; THENCE Northeasterly along said centerline 197 feet and 3 inches more or less to a point that is 20 feet West of the East boundary of said Section 18; THENCE South to the place of beginning, and

WHEREAS, pursuant to RCW 35.13.180 the Town, by majority vote, may annex new territory outside the Town limits whether contiguous or non-contiguous for municipal purposes when such territory is owned by the Town, and

WHEREAS, it is necessary for the preservation of the health and safety of the citizens of the Ton to construct a sewer treatment facility and the above described real estate is necessary for the construction of such facility.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS:

Section 1: The following described real property, owned by the Town of South Prairie, located east and to the southeast of the Town, known as the "McGehee Property" legally described to wit:

Beginning 20 feet west and 454.7 feet north of the southeast corner of the Paul Emery Donation Land Claim in section 13, township 19 north, range 5 east of the W. M. , THENCE West 191 feet and 7 inches; THENCE North 660 feet and 5 inches to the Southern boundary of the former Northern Pacific Railroad right-of-way (now abandoned); THENCE continuing North on same line to intersect with the center line of said former right-of-way; THENCE Northeasterly along said centerline 197 feet and 3 inches more or less to a point that is 20 feet West of the East boundary of said Section 18; THENCE South to the place of beginning,

Ordinance No.: 214

Draft No.: 2

Draft Date: April 5, 1990 - Ordinance Requested by:

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I hereby annexed to the Town of South Prairie.

Section 2: That the Town Clerk/Treasurer is authorized and directed to forward a copy of this ordinance to the Washington State Boundary Review Board for Pierce County, and a certified copy of this ordinance to the Pierce County Recorder, for recording, as provided by law.

Section 3: If any provision of this ordinance is invalid or unenforceable for any reason, the remaining provision shall remain in force and affect.

Section 4: This ordinance shall take affect and be in force five (5) days from and after its passage, approval and publication as required by law.

Mayor Dale P. Stubbs INTRODUCED: 2/13/90

PASSED: 2-13-90

APPROVED: 2/13/90

Attested: PUBLISHED: 2/21/90