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ORDINANCE NO. 98-09 AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR THE VACATION OF ALLEY RIGHT-OF-WAY AS DESCRIBED IN SECTION 1 OF THIS ORDINANCE AND LOCATED IN THE CITY OF MOSCOW; PROVIDING THAT TITLE TO SAID VACATED RIGHT-OF-WAY SHALL VEST WITH THE OWNERS OF ADJACENT PROPERTY LOCATED TO THE NORTH AND TO THE SOUTH OF SAID VACATED ALLEY RIGHT-OF-WAY, ONE-HALF ON EACH SIDE THEREOF; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE BE DEEMED SEVERABLE; AND PROVIDING FOR THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT FROM THE DATE OF ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. WHEREAS, the owner of Lots 14, 15, and 16 in Block C of Lieuallen's Second Addition, located adjacent to and south of the alley right-of-way, has petitioned for vacation of said alley right-of way; and WHEREAS, on the 6th day of April, 1998, the Mayor and City Council conducted a duly noticed public hearing on the aforementioned alley right-of-way vacation; and WHEREAS, it has been found by the Mayor and City Council that vacating said alley right-of way is deemed expedient for the public interest pursuant to Idaho Code Section 50-311; and WHEREAS, Idaho Code Section 50-311 provides that a vacated alley will revert to the owners of adjacent real property, one-half on each side thereof, or as the Council deems to be in the best interests of the adjoining properties and general public; and WHEREAS, the Mayor and City Council have determined that it is in the best interests of the adjoining properties to vest ownership of the vacated alley right-of-way, one-half on each side thereof, in the owners of the property to the north and to the south of the vacated alley right-of way. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF MOSCOW, IDAHO AS FOLLOWS: SECTION 1: That the following-described land be, and the same hereby is, vacated as of the effective date of this Ordinance: All of that 15 foot wide alley located in Lot of Lieuallen's Second Addition to the City of Moscow as shown on the 1882 plat and lying between Lots 17, 18, and 19 on the north side and Lots 14, 15, and 16 on the south. Said alley is bounded by Almon Street on the west and by a 20 foot wide alley running north-south on the east. SECTION 2: The City Council finds it in the best interests of the adjoining properties that ownership in the vacated alley right-of-way within the above-described parcel of land be, and ORDINANCE 98-09 April6, 1998 Pagt' I of 2 ---PAGE BREAK--- the same hereby is, granted to the owners of the adjoining real properties located adjacent to the north and to the south of said vacated alley right-of-way, one-half on each side thereof. SECTION 3: This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED by the City Council and APPROVED by the Mayor this 6th day of April, 1998. ORDINANCE 98-09 April6, 1998 Page2of2