ORDINANCE NO. 294

AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON VACATING AN EAST PORTION OF FIRST STREET AND PROVIDING A CONTINGENCY OF A CUL-DE-SAC IN THE EVENT THE PETITIONER DOES NOT OBTAIN ADDITIONAL PROPERTY.

Whereas, pursuant to RCW Chapter 35.79 the owner of interest of real estate abutting the east end of First Street, South Prairie, Washington, petitioned the city council to vacate the street, the legal description of the property to be vacated described on Exhibit "1" attached hereto and incorporated by reference as if set out in full, and

Whereas, the Petition for Vacation was signed by owners of more than two thirds of the property abutting the street sought to be vacated, Exhibit "1", and

Whereas, a public hearing was set for the petition scheduled for March 1, 1994, and

Whereas, the town clerk gave 20 days notice of pendency of petition by written notice posted in three of the most public places in the town and on a conspicuous place on the street sought to be vacated, and

Whereas, the notice described the time and place for the hearing on the petition, and

Whereas, a notice was given by mail at least 15 days before the date fixed for hearing to other abutting property owners as shown on the rolls of the county treasurer, and

Whereas, no written objections to the proposed vacation were filed, and

Whereas, a public hearing was held before the town council on March 1, 1994, and the petitioner being present, and there being no opposition, and the town council having reviewed the complete plan proposed by the petitioner which necessitate the petitioner's acquisition of additional property, and certain dedication of property by petitioner to town, and

Whereas, the town would retain the rights for any utility easements over, under, above or across the subject property Exhibit "1", attached hereto, and

Whereas, the town is to be compensated in an amount equal to the fair appraised value of the vacation, less the value of the property that the petitioner is going to dedicate to the town, and

Whereas, the street vacation will be in harmony with existing and proposed Comprehensive Land Use Plan, and

Whereas, in the event the petitioner is unable to acquire additional property a cul-de-sac will be required of the petitioner to provide appropriate turn around facilities.

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

Section 1:_, That portion of the east end of First Street, attached hereto and incorporated by reference as Exhibit "1" is hereby vacated and transferred to the petitioner, abutting property

owner, provided such person pay the appraised value of the land so vacated, less the appraised value of the land dedicated to the town. In the event the petitioner is unable to acquire the additional property the petitioner shall complete a cul-de-sac. The petitioner hereby agrees that the town shall have and/or retain the right to easements for purposes of any and all utilities over, under, above and across the subject property and the right to exercise such repair, construction and maintenance of public utilities and services across the subject property, Exhibit "1". Petitioner, property owner, agrees to complete the subject street to all applicable standards for street, curb, gutters, sidewalk and storm requirements.

Section 2: The town clerk is to file a certified copy of this ordinance with the office of the Pierce County Auditor.

Section 3: This ordinance and associated street vacation shall not become effective until the owner of the property abutting the street has compensated the town and conveyed such property to the town and provided utilities easements to the town, if such utilities easements do not currently exist over, under, above and across such subject property and provided easement for construction, repair and maintenance of public utilities and services.

Section 4: If any provision of this ordinance shall be
determined to be invalid or unenforceable for any reason the

remaining provisions shall remain in force and affect.

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

Mayor Dale P. Stubbs

INTRODUCED: 4/4/94

Attested: PASSED: 4/4/94

Karen K. Barnhart APPROVED: 4/4/94

Town Clerk PUBLISHED: 4/27/94

Approved as to form

Michael J. Reynolds Town Attorney