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ORDINANCENO. tf3 33 AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF IDAHO, SETTING FORTH THE DONATION OF LAND TO THE IDAHO HOUSING AGENCY, AUTHORIZING THE MAYOR TO CONVEY SAID LAND BY DEED, PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE BE DEEMED SEVERABLE; AND PROVIDING FO;R_ l'HIS ORDINANCE TO BE IN FULL FORCE AND EFFECT FROM AND AFTER PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. WHEREAS, the City Council deems it to be in the public interest to encourage construction of affordable housing to its citizens; and WHEREAS, a need has been identified for affordable low income housing in the City of Moscow; and WHEREAS, the City of Moscow owns land north of the Moscow City Cemetery which is suitable as a development site for affordable low income housing; and WHEREAS, the City of Moscow is authorized to own, convey, and transfer real property pursuant to Idaho Code 50-301; and WHEREAS, the City of Moscow may donate real property with or without consideration pursuant to Idaho Code 50-1405; and WHEREAS, the City of Moscow may donate real property to the Idaho Housing Agency pursuant to Idaho Code 67-6223A; and WHEREAS, the City Council deems it to be in the public interest to grant by deed real property located within the City of Moscow to the Idaho Housing Agency; and WHEREAS, the City Council is assured that this donated property will be used for the sole and only purpose of providing affordable low income housing in the City of Moscow. ORDINANCE FOR CONVEYANCE OF LAND TO THE IDAHO HOUSING AGENCY PAGE 1 ---PAGE BREAK--- NOW THEREFORE BE IT ORDAINED BY THE MA VOR AND CITY COUNCIL OF THE CITY OF MOSCOW, IDAHO AS FOLLOWS: SECTION 1: That the City of Moscow shall convey to the Idaho Housing Agency real property more particularly described in Exhibit attached hereto and incorporated by this reference to this ordinance for the sole purpose of providing a site for the building and maintaining low income housing in the City of Moscow. SECTION 2: That the Mayor shall be authorized to execute said conveyance and deed and related documents on behalf of the City. . . . SECTION 3: SEVERABILITY. The provisions of this ordinance shall be deemed severable and the invalidity of any portion of this ordinance shall not affect the validity of any remaining provision. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. P;\SSED by the City Council and APPROVED by the Mayor this ay of c.er.-..k?lf , 1993. c?ij_C/ Paul C. Agidius, Mayor ATTEST: PAGE2 ---PAGE BREAK--- ·7129-/!:1'3 15:49 '8'[PHONE REDACTED] \PiATT JAYKBI EKG Job No. S432-A BDS - 07/29/93 EXHIBIT LEGAL DESCRIPTION MOSCOW HOUSING PROJECT ADDITIONAL 400 FEET TO EAST A parcel of land in the North 1/2 of the SW 1/4 of Section 16, Township 39 North, Range 5 West, B.M., in the County of Latah, State of Idaho, more particularly described as follows: Commencing at the northwest corner of the southwest quarter of Section 16, T. 39 R. 5 B.M. (a brass cap monument in a case); thence South for 99.59 feet; thence N 89'19'20" E for 40.00 feet to the northwest corner of Mercer Addition, recorded as Instrument No. 263962 in the Recorders Office of said County; thence N 89'24'11" E along the south right-of-way of White Avenue for 403.35 feet (N 89'19'20" E, 403.36, record per plat of Mercer Addition); thence South for 20.00 feet to a point on the south right-of-way of White Avenue; thence N 89'24'11" E along said south right-of-way for 433.03 feet to the TRUE POINT OF BEGINNING; thence continue along said south right-of-way N 89'24'11" E for 400 feet; thence South 337.85 feet to a point on the north line of the cemetery property as recorded (Warranty Deed Instrument No. 264308); thence S 87'28'20" W along the north line of the cemetery property for 400.37 feet; thence North 351.34 feet to the POINT OF BEGINNING. Containing 3.16 acres more or less. Subject to all easements and/or rights-of-way per record or apparent on ground. 141001/001 ---PAGE BREAK--- 'J [ a 9 RECORD OF SURVEY A PARCEL OF LAND IN THE NORTH 1/2, OF SECTION 16, TOWNSHIP 39 NORTH, RANGE 5 WEST. B.M., IN THE COUNTY OF LATAH. STATE OF IDAHO. BASIS OF BEARING WHITE AVENUE Post-nn• brand tax transmittal memo 7671 #of pages • J HS'r09'ECZE ·UI3.36 N8:1 24'11*£ 403,35 • • LEGEND I+ • - s:r a/f!' lllalJl nm taP sr.i:llPk:D w aa. - 8UllW:YXD DOtnm4BT l.lKJ: 00 - PER m:lll S.59 ACRES - DCOJlD PD JKB'f t!ft'Y' W .,ni'I'IL'Y I'Dt WTJ:t W'l't'R 3.16 ACRES llOSCOlf CEJdETERY llAlN'1ENANCE DISTRICT WARRANTY DEED INST. :f264306 CITY OF llOSCOW 5.41 ACRES CERTIFICATE OF SURVEY 0 tY X 0 Lo V· 0 0 ---PAGE BREAK--- Affidavit of Publication STATE OF IDAHO County of Latah Lorraine Hudson Legal Clerk ss. being first duly sworn, on oath, deposes and says: That she is the printer of \foscow-Pullm;m Dailv ;\ews, a newspaper of general ' circulation, printed and published daily except Sundav at Moscow, Latah Countv, Idaho. " in compliance with SectimÍs 60-lOG. GO-lOi. and 60-108 of the Idaho Code and the amendments thereto; that the notice of which the annexed a full, true and correct printed copy \\"aS published in the regular and entire issues of said newspaper and not in a supplement upon th<· following dates: dw same being the datel designatl'd fm>mhc publication of said notice. Yc/ · ; I / c7 Ñ Ïk£-ÐJ.VYl On this day of f¥-=r in the year of t;>tLJ , before me, a Notary Public, personalB appeared Lorraine Hudson known or identified to me to be the person whose name subscribed to the within instrument, and being l:1y me first duly swom, dedared that the staternenlS therein are true, and acknowledged to he executed the same. l:EGM NOTtCE; crTY OF MOSCOW. SUMMARY oF ORJ:)I NANq;; NQ, 93;33; AN OR' IliNANCE PF 'Pt!.E CITY• OF !V!OS· COV!, A MUNI<:fP ;(;QRJPO.RA· !TlON OF·>l:Oii'HO;.r.•SETTI.NG #Ofl'.l'H TfiE OONA'l'IONOE J;;ANIJ TO · 'l'fiEIDA!fO. Ftt;>.!JSI)\1{1 QEN, 0'f'. J?.l11'fiO?IZrN.G. THE 1\'!A,}'OR TO. ,COi'!YE'< . ,l)AJD . BY l!EED, >'PROVIDING. TRAT. THE DP Tft;IS ORDI· NANCE EE .IlEi&1l;:.n Si£YERABLE &'10 PROVIQING 1?0; 1(fi1S QRm, NANCE TO .BE IN EU!.oL.;.I'\}RCE ANo EFFECT FRO'.AND l;ITER !'ljl PASSAGE, Au'ID l'!JBLICATION 'TO THE. P!JU TEXT. OF.THIS ORiliANCE NO. IS.Aj(AIL ;Wl:J;: .FOR INSPECTION. AT Ol'ElCE . QF. 'T'fiE MOCO\£ ciTY CLE!