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RESOLUTION NO. 2007- 26 A RESOLUTION OF INTENTION OF THE CITY OF MOSCOW TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 134; DESCRIBING THE BOUNDARIES OF THE PROPOSED DISTRICT ANTI THE PROPERTY PROPOSED TO BE ASSESSED; GENERALLY DESCRIBING THE IMPROVEMENTS PROPOSED TO BE CONSTRUCTED; STATING THE PERCENTAGE OF THE TOTAL COST WHICH WILL BE PAID BY THE LEVY OF ASSESSMENTS; DESCRIBING THE METHOD OF ASSESSMENT; STATING THE TIME AND PLACE WHEN AND WHERE PROTESTS MAY BE FILED AND WHEN AND WHERE A PUBLIC HEARING WILL BE HELD TO CONSIDER ANY SUCH PROTESTS AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. CITY OF MOSCOW LATAH COUNTY, IDAHO LOCAL IMPROVEMENT DISTRICT NO. 134 BE IT RESOLVED by the City Council of the City of Moscow as follows: WHEREAS, the City of Moscow, of Latah County, Idaho, (the "City") is a municipal corporation of the State of Idaho operating and existing under and pursuant to Idaho Code, Title 50, and as such is authorized and empowered to create local improvement districts and to construct improvements pursuant to Idaho Code, Title 50, Chapter 17; WHEREAS, the Council is of the opinion that it is in the best interest of the owners of property and of the inhabitants within the area and in the best interest of the City and the citizens thereof that a local improvement district be formed and the proposed improvements as hereinafter described be constructed; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED AS FOLLOWS: Section 1: The City hereby determines and states that it is their intention to form a local improvement district to be designated Local Improvement District No. 134 to make the improvements as hereinafter set forth. Section 2: The boundaries of the proposed improvement district and of the properties to be assessed are described in Exhibit attached hereto and hereby made a part hereof. Section 3: A general description of the improvements to be constructed (the "Project") is as follows: The "Project" shall consist of grading, plant mix pavement, curbs, gutters, sidewalks, driveways and storm drainage. Section 4: The estimated total cost of the proposed project is sixty-five thousand dollars ($65,000), ONE HUNDRED PERCENT (100%) of which will be paid for by the levy of assessments on the property benefited. None of such costs and expenses will be paid from the general funds of the City or from any other source. Any assessment may be increased by not more than TWENTY PERCENT ---PAGE BREAK--- Section 5: The Council finds that all of the expenses of the Project are of special benefit and that all of the expense shall be defrayed by special assessments. The costs and expenses of the Project will be assessed against the abutting, adjoining and adjacent lots and lands along or upon which such improvements are to be made and upon lots and lands benefited by such improvements and included in the district to be created as follows: All street related construction and sidewalk costs will be assessed in proportion to the benefits derived by each lot in the district. Any individual work which specifically benefits a particular lot will be paid by that property owner. It is the opinion of the Council that this method of assessment is equitable and reasonably based on benefits each parcel shall derive from the improvements; however, the Council reserves the right to assess or re-assess said properties according to law. Section 6: Monday, the 3rd day of December, 2007, at the hour of 7:00 o'clock p.m. in the Council Chambers at City Hall, 206 East 3rd Street, Moscow, Idaho, is hereby fixed as the time and place when and where the owners of the property proposed to be assessed may appear before this Council and be heard as to the propriety and advisability of acquiring and improving the Project and which is the time and place when and where the Council will consider creating the proposed improvement district and constructing the proposed improvements, and hear all complaints, protests, and objections that may be made in writing and filed with the Clerk of the City on or before said time, by any owner of any parcel of land to be assessed. Section 7: Notice of Hearing substantially in the form attached hereto as Exhibit and hereby made a part hereof shall be given as follows: By publication of such notice in the Daily News, a daily newspaper of general circulation with the City and the official newspaper thereof, which Notice shall be published in three consecutive issues thereof. By mailing a copy of such notice by the City Clerk to each owner of property, if known, or his agent, if known, within the limits of the proposed improvement district, addressed to such person at his post office address, if known, or if unknown, to the post office in Moscow, Idaho. Ownership shall be determined as of the date of the adoption of this Resolution. Said Notice of publication and Notice by mailing shall be given at least ten (10) days before the date of said Hearing. Proof of publication shall be by affidavit of the publisher and proof of mailing shall be by affidavit of the City Clerk. ADOPTED TillS 5th day of November, 2007. 2 ---PAGE BREAK--- EXHIBIT LEGAL DESCRIPTION FOR LINDA LANE L.LD. No. 134 A Local Improvement District comprised of five land parcels situated in the City of Moscow, Latah County, Idaho and the boundary of said Local Improvement District being more particularly described as follows: Commencing at the northwest corner of the southeast quarter of Section 18, Township 39 North, Range 5 West, Boise Meridian; thence N87'00'E, 772.50 feet; thence S00'05'W, 30.04 feet to the point of intersection with the southerly right-of-way of Taylor Avenue and the westerly right-of-way line of Linda Lane, said point being the TRUE POINT OF BEGINl'iiNG; Thence along said Taylor Avenue right-of-way, S87'00'W, 64.50 feet; Thence S00'05'W, 110.00 feet along the westerly boundary of the Grant tract as described in Warranty Deed No. 507953, on file with the Latah County Recorder's office; Thence S87'00'W, 30.50 feet along the northerly boundary of the Brennan Properties tract as described in Quitclaim Deed No. 460886 on tile with said recorder's office; Thence S00'05'W, 110.00 feet along the westerly boundary of said Brennan Properties tract; Thence S87'00'W, 97.50 feet along the northerly boundary of the Brawdy tract as described in Warranty Deed No. 414063 on file with said recorder's office; Thence S00005'W, 83.35 feet along the westerly boundary of said tract; Thence S82'29'E, 215.56 feet along the southerly boundary of said tract to the northwest corner of Lot 3 of the Stephens Addition to the City of Moscow; Thence S06'22'W, 20.00 feet along the westerly boundary of said Lot 3 and along the boundary of the Saeed tract as described in Deed of Distribution document No. 467455 on file with said recorder's office; Thence S82'29'E, 76.21 feet along said Saeed tract to the easterly boundary of said Lot 3; Thence NOO'OS'E, 20.17 feet along said easterly boundary to the northeast corner of said Lot 3; Thence continuing NOO'OS'E, 136.27 feet along the easterly boundary of said Saeed tract; Thence continuing NOO'OS'E, 110.00 feet along the easterly boundary of the Bieker tract as described in Warranty Deed No. 494273, on file with said recorder's office; Thence S87'00'W, 65.00 feet along the north boundary of said Bieker tract to the easterly right-of-way line of Linda Lane; Thence continuing S87'00'W, 15.02 feet to the centerline of the Linda Lane right-of-way; Thence N00'05'E, 110.00 feet along said centerline to the southerly right-of-way line of Taylor Avenue; Thence S87'00'W, 15.02 feet along said right-of-way line to the TRUE POINT OF BEGINNING. 3 ---PAGE BREAK--- EXHIBIT NOTICE OF RESOLUTION OF INTENTION AND OF HEARING NOTICE IS HEREBY GIVEN that on the 5th day of Novemebr, 2007, the City Council of the City of Moscow, Idaho adopted Resolution No. 2007-26 declaring the intention of the City Council to create a Local Improvement District No. 134 in the City of Moscow, Idaho; and, NOTICE IS FURTHER GIVEN that the time within which protests may be filed in writing at the office of the City Clerk against said proposed improvements or against the creation of said District has been fixed as the 3'd day of December, 2007 at 5:00 o'clock p.m., and that such protests will be heard, considered, and passed upon by the City Council on the 3rd day of December, 2007, at 7:00 o'clock p.m. in the Council Chambers, 206 East Third Street, Moscow, Idaho; and, NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED as follows: Section l: The boundaries of the proposed improvement district and of the properties to be assessed are described in Exhibit attached hereto and hereby made a part hereof. Section 2: A general description of the improvements to be constructed (the "Project") is as follows: The project is for the purpose of grading and plant mix paving together with construction of curbs, gutters, sidewalks, driveways and storm drainage on Linda Lane. Section 3: The estimated total cost of the proposed project is sixty-five thousand dollars ($65,000), ONE HUNDRED PERCENT (100%) of which will be paid for by the levy of assessments on the property benefited. None of such costs and expenses will be paid from the general funds of the City or from any other source. Any assessment may be increased by not more than TWENTY PERCENT Section 4: The Council finds that all of the expenses of the Project are of special benefit and that all of the expense shall be defrayed by special assessments. The costs and expenses of the Project will be assessed against the abutting, adjoining and adjacent lots and lands along or upon which such improvements are to be made and upon lots and lands benefited by such improvements and included in the district to be created as follows: All street related construction and sidewalk costs will be assessed in proportion to the benefits derived by each lot in the district Any individual work which specifically benefits a particular lot will be paid by that property owner. It is the opinion of the Council that this method of assessment is equitable and reasonably based on benefits each parcel shall derive from the improvements; however, the Council reserves the right to assess or re-assess said properties according to law. REFERENCE TO SAID RESOLUTION, which is on file in the office s/lhe City Clerk, is hereby made. \ / f 4