Full Text
566086 NO· AT THE REQU EST OF: oRDrNAN\:CE No. 2014 - 09 LATA FEE$£_ B AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE ST ATE OF IDAHO, PROVIDING FOR THE VA CATION OF PUBLIC UTILITY AND PEDESTRIAN EASEMENTS LOCATED IN THE INDIAN HILLS SIXTH ADDITION PLAT AND PARTIAL REPLAT OF BLOCKS 3 AND 5 OF INDIAN HILLS 6rn ADDITION LOCATED WITHIN THE CITY OF MOSCOW AND LEGALLY DESCRIBED IN SECTION 1 OF THIS ORDINANCE; PROVIDING THAT TITLE TO SAID VACATED PUBLIC UTILITY AND PEDESTRIAN EASEMENTS SHALL VEST WITH THE OWNERS OF THE PROPERTY AS SPECIFIED IN SECTION 3 OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. WHEREAS, the easements described in Section I of this Ordinance currently exist as flatted by the Indian Hills #6 Addition Plat and Partial Replat of Blocks 3 and 5 of Indian Hills 61 Addition and dedicated to the City of Moscow, as recorded in record numbers 522797 and 562807 with Latah County; and WHEREAS, pursuant to the Memorandum of Understanding 2014 between City of Moscow and Thompson Development, LLC, Developer Indian Hills 61h Addition Phase Two it is proposed that such easements be vacated ; and WHEREAS, on the 2nd day of June, 2014, the Mayor and City Council conducted a public hearing on this matter and determined that vacating said public easements is expedient for the public good; and WHEREAS, Idaho Code Section 50-311 provides that a vacated easement will revert to the owners of adjacent real property, one half (1/2) to each, or as the Council deems to be in the best interest of the adjoining properties; and WHEREAS, the easements described in Section I of this Ordinance were originally received by the City from the adjoining properties to the east and west; and WHEREAS, the Council deems it to be in the best interests.of the adjoining properties to have the vacated easements revert to the property owner of the properties from which the original dedication of easements was received by the City; and NOW THEREFORE, be it ordained by the Mayor and City Council of the City of Moscow as follows: SECTION 1: VACATION. The following described public easements be, and the same hereby are, vacated as of the effective date of this Ordinance: ORDINANCE 2014-09 INDIAN HILLS 6TH ADDITION REPLAT PUBLIC UTILITY/PEDESTRIAN EASEMENT VACATION JUNE2, 2014 PAGE J OF 3 ---PAGE BREAK--- 566086 All of that portion of the ten foot (10') wide public utility and pedestrian easement within and along the common boundary of Lots 3 and 4, Block 5, excepting therefrom the northerly ten feet (1 of said easement; and All of that portion of the ten foot-(10') wide public utility and pedestrian easement within and along the common boundary of Lots 13 and 14, Block 5, excepting therefrom the southerly ten feet (10') of said easement; and All of that portion of the ten foot (1 wide public utility and pedestrian easement within and along the common boundary of Lots 6 and 7, Block 6, excepting therefrom the northerly ten feet (10') of said easement; and SECTION 2: EXCEPTIONS FROM VACATION. Vacation of easements described in Section 1 of this Ordinance and shown in Exhibit attached hereto shall not include existing franchise rights and utilities or existing public utilities as of the effective date of this Ordinance. SECTION 3: EASEMENTS VACATION. The Council finds it expedient for the public good and deems it to be in the public interest of the adjoining properties that Thompson Development, LLC, 1024 Pine Crest Road, Moscow, Idaho, 83843, as the current owner of all adjoining property described in Section 1, receive the property described in Section 1 at the time of vacation. SECTION 4: EFFECTIVE DATE. This Ordinance shall be ·effective upon its passage, approval, and publication according to law. PASSED by the Mayor and City Council and APPROVED by the Mayor the 2"d day of June, 2014. Bill Lambert, Mayor ATTEST erk ORDINANCE 2014 - 09 INDIAN HILLS 6™ ADDITION REP LAT PUBLIC UTILITY /PEDESTRIAN EASEMENT VACATION JUNE 2, 2014 PAGE 2 OF 3 ---PAGE BREAK--- • EXHIBIT INDIAN HILLS 6rn ADDITION PLAT AND PARTIAL REPLAT OF BLOCKS 3 AND 5 PUBLIC UTILITY AND PEDESTRIAN EASEMENT VACATION I o I J I I .I I / I so CD \ • oq t i i I I I I I ,j I I / I cLT EXHIBIT A 0 80 160 240 Scale 80' BLOCK& PARKLAND llQ 1t IK l l I I J (i8; 1 nu- n - . f PARTI L REPLAT Of BLOCK 3 & 5 INDIAN HILLS 6th ADDITION THOMPSON ET AL, INC.f THOMPSON DEWLOPMl!NT, LLC. • OWNIR CITY Of MOICOW AS SHO'M; {HEDCO) itAi fOONf£H1htc'l & CO Nl!lll'fo'.lEN °''olEM\.IC L!rOfll IO!li'4)tl)M{J1 tmt)KL LATAH COUNTY, IDAHO SHEET , Of 2 ORDINANCE 2014-09 INDIAN HILLS 6™ ADDITION REP LAT PUBLIC UTILITY/PEDESTRIAN EASEMENT VACATION JUNE 2, 2014 PAGE 3 OF 3