ORDINANCE NO. 434

AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON AUTHORIZING A REAL ESTATE EXCHANGE BETWEEN THE TOWN OF SOUTH PRAIRIE AND DOUG BRITSCHGI, REAL ESTATE SIZE APPROXIMATELY 3,874 SQUARE FEET AT THE CORNER OF SR 162 (PIONEER WAY) AND SOUTH EMERY AVENUE TO GO TO THE TOWN, AND THE TOWN TO TRANSFER TO DOUG BRITSCHGI A 3,797 SQUARE FOOT PARCEL LOCATED SOUTH OF SR 162 AND EAST OF SOUTH EMERY AVENUE AND IN ADDITION DOUG BRITSCHGI PAY FOR ALL PIPING OF STORM DRAINAGE.

Whereas, Doug Britschgi has proposed a land trade with the Town of South Prairie for

the purposes of reconfiguring building lots owned by Britschgi to make the lots Buildable, and Whereas, the Town will receive property which will be beneficial to the Town, and Whereas, the Town Planner, Mart Kask, has presented a Memorandum to the Town dated February 12, 2003 describing and providing benefits of the land trade, and Whereas, the land trade is in conformity with the Comprehensive Plan, and Whereas, in the land trade the Town gains more for the public than it loses.

Now, therefore, the Town Council of the Town of South Prairie, Pierce County,

Washington do ordain as follows:

Section 1: The Town hereby accepts the findings, conclusions and recommendations set forth in the Mart Kask, Town Planner's report of February 12, 2003 attached hereto and incorporated by reference.

Section 2: The Town declares as surplus that property described in paragraph 1 of the attached findings.

Section 3: The Mayor is authorized to execute real estate documents to transfer that property described in Findings, paragraph 1, attached, in exchange for transferring that property described in Findings, paragraph 2. That the property the Town receives is to be transferred to the Town by Statutory Warranty Deed, free and clear of all liens and encumbrances. That the Transferor, Britschgi, agrees to provide a policy of title insurance insuring the property that the town is to receive to the value of the property.

Section 4: As part of the consideration for the transaction, Doug Britschgi is to agree to enter into an agreement for the piping of storm drainage.

Section 5: The Mayor is authorized to administratively carry out such actions as necessary to accomplish the transaction described herein.

Section 6: If any provision of this ordinance is determined to be invalid or unenforceable for any reason, the remaining provisions of this ordinance shall remain in force and affect.

Section 7: 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 Layne Ross

INTRODUCED: 4/22/03

PASSED:            4/22/03

APPROVED:      4/22/03

PUBLISHED:             5/14/03

Attested:

 

Text Box: 472/memo 12-02 EXHIBIT "A" 1Memorandum

 

 

TO:                  Mayor and Town Council Town of South Prairie

 

                        FROM:            Mart Kask, AICP, PE, Town Planner
Town of South Prairie

 

SUBJECT:        Proposed land swap between the Town of South Prairie and Doug Britschgi (revised 4 February 2003)

 

DATE:                12 February 2003 At Issue

 

Mr. Doug Britschgi has proposed to swap land with the Town of South Prairie. The proposed land swap will result in reconfigured building lots, making the reconfigured lots more buildable for both Mr. Britschgi and the Town of South Prairie. Mr. Britschgi has filed a revised plot plan, dated 4 February 2003. The land swap centers around a number of parcels of land, all located south of SR-162 and east of Emory Street.

Findings

 

1.      Mr. Britschgi is proposing to give a 3,874.20 square foot parcel of land to the Town of South Prairie as shown on the attached short plat.

 

2.      Mr. Britschgi is also proposing that the Town of South Prairie, in return, will give him a piece of property measuring approximately 20 feet by 189.87 feet. The return parcel of property amounts to about 3,797.40 square feet.

 

3.      The above proposed swap creates a parcel of property for the Town of South Prairie, measuring approximately 50 feet by 70 feet and amounting to a land area of approximately 3,500 square feet. The parcel is identified on the attached Surveyor's map as REVISED PARCEL "B." The parcel is located at the north end of Cascade Street and south of SR 162. Street access to this parcel of land is via Cascade Street, provided Pierce County Parks and Recreation Department will allow vehicles to cross its pedestrian and bicycle trail. This parcel lies in the residential zone.

Text Box: 472/memo 12-02 EXHIBIT "A" 24. All properties involved in the swap are zoned commercial by the Town of South Prairie.

Conclusions

1. The Town of South Prairie will give up approximately 3,797 square feet land for exchange of 3,874 square feet, a gain of approximately 77 squared feet in favor of the Town of South Prairie.

Recommendation

I recommend that the Town of South Prairie accept the land swap proposed by Mr. Doug Britschgi as laid out on the attached preliminary plot plan, prepared by Evergreen Precision Surveying, LLC, stamped by Bentley E. Shafer, PLS, No. 35984, and dated 4 February 2003.

Attachment: Preliminary Plot Plan- see at Town Hall