ORDINANCE NO. 389

AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON AUTHORIZING THE ACCEPTANCE OF A STREET DEDICATION FOR A PORTION OF A STREET THAT WAS VACATED UNDER ORDINANCE NO. 319 AND AUTHORIZING PAYMENT FOR THE STREET RIGHT OF WAY WHICH PORTION OF STREET IS PART OF OR ADJACENT TO TACOMA STREET A/K/A WASHINGTON STREET.

Whereas, Ordinance No. 319 which was passed on December 20, 1995 authorized vacating a portion of street right of way at, or in the vicinity of, Tacoma Street a/k/a Washington Street, and

Whereas, in accordance with Ordinance No. 319 the purchasers did pay the town, as abutting property owners, the established price for the property of $300.00, and

Whereas, certain street improvements are to be undertaken along Tacoma a/k/a Washington Street and that to facilitate and to enhance the street that property vacated in Ordinance No. 319 should be purchased for street purposes, and

Whereas, the abutting property owner that originally purchased the vacated street is willing to transfer and dedicate back the property for the same consideration originally paid, and

Whereas, it is for the benefit of public health, safety and welfare that that portion of street right of way be reacquired.

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

AUDITOR'S NOTE

LEGIBILITY FOR RECORDING AND COPYING UNSATISFACTORY IN A PORTION OF THIS INSTRUMENT WHEN RECEIVED

Please print legibly or type information.

Document Title (Or transaction contained therein)

Ordinance

Grantor(s) (Last name first, then first name, middle name)

South Prairie

Additional Names on Page of Document

Grantee(s) (Last name first, then first name, middle name)

Additional Names on Page of Document

Legal Description (Abbreviated: i.e., lot, block & subdivision name or number OR

section/township/range and quarter/quarter section

Complete Legal Description on Page of Document

Auditor's Reference Number(s)

Assessor's Property Tax Parcel/Account Number(s)

The Auditor/Recorder will rely on the information provided on this cover sheet The

staff will not read the document to verify the accuracy or completeness of the indexing

information provided herein. IF YOU REPRODUCE THIS FORM, BE SURE MARGINS

REMAIN 3 INCHES AT THE TOP AND 1 INCH ON SIDES AND BOTTOM.

gpcovst1st 2/98

Text Box: 9602140188 AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON VACATING A PORTION OF STREET RIGHT OF WAY, RETAINING EASEMENT FOR UTILITIES OF TACOMA STREET ALSO KNOWN AS WASHINGTON STREET, AND AUTHORIZING CONVEYANCE TO THE ADJACENT PROPERTY OWNER.

Whereas, Resolution No. 161 initiated vacation of Tacoma Street a/k/a Washington Street, setting forth a time and place for hearing, and

Whereas, upon compliance with RCW 35.79.010 and .020, a public hearing was held before the Town Council, and

Whereas, the parties requested a vacation, adjacent property owners appeared and testified for the vacation, no one appeared to testify against the vacation, and

Whereas, the street being vacated, attached as Exhibit "A" Earnest Money Receipt and Agreement dated November 2, 1995 and it is possible that it was originally dedicated to the Town in the formation of a plat, but unknown, and

Whereas, the City desires to obtain an easement for the placement of utilities and the right to maintain such utilities, and

Whereas, a certified copy of this ordinance is to be recorded by the Town Clerk in in~the Office of the Pierce County Auditor.

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

Section 1: Tacoma Street a/k/a Washington Street, as shown on

Ordinance No.: 319

Draft No.: 1

Draft Date: December 7, 1995

Ordinance Requested by: AUDITOR'S NOTE Page 1

LEGIBILITY FOR RECORDING AND COPYING UNSATISFACTORY IN A PORTION OF THIS INSTROMENT WHEN RECEIVED.

$Text Box: Date Owner Owner Earnest Almnev Receipt and Agreement 1\'achimghm I.egal thank, Inc„ Issaquah, \Y:\ Fore” IJn. ,IS 111 :1/92 \ t\TI•:RIA I. At ,\ N. N( 1'I' Ill: Itl: nvnnt a',n , rot l0, " tl v r w 1st to top ,., sot• , •t sot t aces.$ BKI!97PG3130

EARNEST MONEY RECEIPT AND AGREEMENT

Town of South Prairie Washington

STATE of------------------------------------- Washington Nov 2___ ,1995

RECEIVED OF Warren and Judy Paulson the sum of

Three hundred and no/100 DOLLARS ($300.00)----------------

as earnest money and part payment for the following (described real estate, situated in _{Town of}_So_. Prairie____________________________________________________________________

County of Pierce, State of Washington, described as (insert full legal description): partial

segment of Lot 2 legal description as follows: The westerly 15.55 feet of Lot 2A plat of Bisson's First Addition to the Town of South Prairie: Together with the following:

Beginning at the Northwest corner of said Lot 2: thence N75 24'00"E' 15.55 feet; thence N07 34'09"E 64.79 feet to the Southwest corner of Lot 2A Plat of Bisson's Third Addition to the town of South Prairie; thence S75 24'00"W 31.15 feet; thence 500 09'43"E 61.96 feet; thence N75 24'00"E 6.60 feet to the point of beginning. (Description by

Delta Su_rveyin_gA 15317 — Meridian East Ste. HA Puyallup WA 98383)

included in this sale are all awnings, window screens, and screen doors; and all plumbings, lighting (except floor and stand lamps), heating (except stoves), cooling, ventilating, elevating, watering, and apparatus and fixturing; also all shades, curtain and drapery rods, linoleum, and all bathroom accessories, together with all trees, plants, and shubbery in yard as of this date which we have this say sold to

Warren/ Judy Paulson (Purchaser) for the total purchase price of Three Hundred and no/100 Dol^lars.
Paid in Full at Closing or upon delivery of title (purchase

price includes moving fire hydrant off property - est. cost $1A700)

with interest on deferral payments at the rate of N/A percent per annum until paid, the same to be secured by

General

Owner agre^es to deliver r, good noel sullitirmt War r an t y dle•d, or contra(+ of sale :ygr,eing lit convey suchc fa aweving sold ;,n t .11 • free mill char of all encumbrances, except

(m'NIiR I11•:RIi11\^' AGREES In furnish to a,slr:nt of Idle or title tnsura,H:e report complete Iu Ihis dal, to said property. \vill!in 3 0 days. showing gt Hnl a11d t11RIfil^.111 title In Saul real eStale, and the f,lnllns•
shall have . 1 5 days !111111 the t11•Itv,•n of said abets,! 01 tills or till,, insnmm,e report lu nsamtnn S111.11 and Ii!erentler t" cnu,plel, Ih, pun:Tin.er arcurdtng 1,1 the terms herein. unless a longer lime is required In nsiil

d,,ris, in which raw! the Por_t baser shall howl, - 30_ •bays idler unfit Is ate r,t:lilied in whh It to t ongdntu the pun:hase sewn tiug In the Harms herein: hill l'nn:haser shall nolifv owner within clays (rum dal
said abstract or title report is delivered for es:nnttaboo. if ally detects exist iu Itdu: ffoilun• so lo mthly the uurlcrsigned shall be constnuel as an at;, ,'plaolr, of Melillo): and i1 is agreed that, if the title is not g.nl and ---‑

Is. made gems! w_ithin 6 0 . plans an, rntHe Ht 11wner o1 the 11 1•1 1, IS in said till,. I,is +e:n,nnr,11 shall In, void illld the ,s,n,,st Iltnln\^' 111:111 I,, n•f111PIIYI; hill 111:1111 title shall hnn^'fe III Ixe a glxHl. InCT.11anla1111• tide, Of or

t11sltrlle by a repmtaltle 1,11,' compaty tio:liresl to tee ,osi0rss in the Alone ill _IVAMiter agrees to have cx,s:ldwl ;mil deliver a _{General.._}deed .i nre\ing. 1x rnntrm

agreeing IH Cnll^ye\^'. Said pn•nliS,., 11111111 Ih,e Rl nlllllltg being Made as _tints,' s1ie, i114,1. Warrant

'Time In•tnl' Ilse essence ^"ripsap:nv,nuent. ire cash the purr, baser tails, without legal ex,:use, lo complete the pure hose within the lime rent to Ihr manner above specirted, n, said earnest mnnev depose shall^'

forfeited ,, 111, 1)water. as Ihn Sole :old rn, i,rstve 11,11e4 :w:nla,ln In 1111, seller for su,.11 Won,. provided that the S^eller 0.4.15 sin b rtclusivr. remlrelV and 111011111011111 d,H!c 1101 nxrrn,l rive, pn•n:eml I^ri!VS.) of the porella

price. In Ibr,aent of litigation or this agns•menl is otherwise placed with at at ,v fix action. Then IIN• pn•t:,ilinpg pony shall Ir.:wsanle,l all rteasr,nol,ln allnrnav's lrs. litigation cnsls and expenses. Itlle report fore nr

other expenses Olt ideal Itt ,Y,l,reeun•nl t,1 rights here nndrr. ha, haze, shall be given p'so•ssiou t,1 said moil estate within 1 da VS 1111,•r r nnlrnrl prnvisinnc have 'teen performed.

For the purlotst•. of this instrument. reservations. rights or easements shirting the nlm,er described premises rumtnit,,d in any instn"nenl of record. or the restriction of any laming nnlinanrxl, shall Ni,? be consider,' .,s ena,mhr:tu ,•s upon slid',mp,•nv ur shreds n1nn 1,,• title thereto.

rr IS 1-I lK!!lbaf AGREE') Ibal, in caw^, ill latiltlings you said pr^emises being eleslntved befell^, Ile consmmn,nlion of this sale. this contract shall be void at the option of the 1'on:lla. x and the earnest mane n•Inm,,l. ,,s,r:nlr,. lases. mid interest a, the rn, urnbrun,.•s. if :ow. art' Io Ire• adjnaed as''I the ^am,.uI delis i ,s of Ihn ii,,ed , r,mute:u 1 as herein pmvtdtnl. All intoned to he paid .. _ N A unl^ess Idlx•nvi^.

speriR,vl in Ihis agn,ru•ml. 1'un tenser agrees to I,,ep the huihlilq:s ,.o said pnn,ts,•s, it guts, insnrrd in II,, sent t,1 S N/A .with :my, utva,lr In owner of said rx,nlr.Ha, or mortgagee, as his intrust inn opinar. All In_'tit it•s of tnsortut, a to be ht•Id I,v lo• 11w,ner 111 said roterou 1. or nunlgagr, as „d,11entl thereto,. In aetv sale where It rnn,rarl Inc 11„!11. or it mortgagee. is involved, Oat abstract or title pniit.v shall M1• held f,,, 1l owner of the r,•ntr.H-1. or the nu,rl;gin,•, until tie, nu„,gag,. ,'r .sdaure doe on coffins !. is pall; in till.

Ire Me rase title insurn,t ' if then, is nn emtrl gage, the I',trchaser•n title polio v shat! he delivered with the deed when contract provisions have been rnml,ltintI. SeR,f shall pay I:n„Veyance lairs on deed.

This agreement is mode snl•pe 1 to Ihr approval of the ()wins^.. ^-then, :m! nu reflood or o,ht•r agreements w11i,:1, modify or affect this agreement ,mess a statement of slide is annexed lento prior to extrutinn of Ih grn•mt•„l its lu,nits.

Agent for the Owner

iaa r r e n /Judy P 11,1 s ci} ge to ^.base s;l₁ hove described premises spot) t c I ^grins and co ions alive stated.

Pure: astir Pt whit

Town—of SQ-,__F'.r_a_ir-.i.a approve this sale, and agree to deliver deed, or 9 1lracl for deed, in accordance with the terms of this contract, and pay h
---------------------- .--Nl.A.---------------- ....._–.--• Agent. a commission of$ N/A For services rendered.

In the event that the earnest money rece.ipled for is forfeited, it is agreed that such forfeited money shall be first applied to any authorized expenses incurred fr I )tvner•s account by Agent.