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