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f)019H6 ORDINANCE NO. 2005-32 AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR VACATING A PORTION OF STORMWATER PARCEL 2 IN THE SOUTHGATE 2N° ADDITION LOCATED WITHIN THE CITY OF MOSCOW AND LEGALLY DESCRIBED IN SECTION 1 OF THIS ORDINANCE; PROVIDING THAT TITLE TO SAID VACATED LAND SHALL VEST WITH THE OWNER OF THE PROPERTY AS SPECIFIED IN SECTION 2 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 owners of the properties abutting and having access to the proposed area of vacation (said area being described in Section I of this Ordinance), have petitioned for vacation of said right-of way; and WHEREAS, on the day of December 2005, the Mayor and City Council conducted a public hearing on this matter and determined that vacating said public right-of-way is expedient for the public good; and WHEREAS, such vacation shall not include existing franchise rights and utilities or existing public utilities or improvements, as of the time of the vacation; and WHEREAS, Idaho Code Section 50-311 provides that a vacated property 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 Council deems it to be in the best interest of the adjoining property to have the vacated right-of-way revert to the property owners located adjacent to said right-of-way; NOW THEREFORE, be it ordained by the Mayor and City Council of the City of Moscow as follows: SECTION 1: VA CATION. That the following described public street right-of-way be, and the same hereby is, vacated as of the effective date of this Ordinance, except as otherwise provided in Section 2 of this Ordinance: A legal description for a parcel of land situated in the NW14 of Section 17, T39N, RSW BM and being more particularly described as follows: A 10 foot wide strip of land contained within Stormwater Parcel No.2 located in the Southgate 2"d Addition to the City of Moscow, as shown on the recorded plat thereof, and being described as follows: Beginning at the northwest comer of said Stormwater Parcel No.2, said comer being on the southwesterly right-of-way line of Wiltshire Drive; thence S46°32' 40"W 82.00 feet, along the northwesterly boundary of said parcel; thence S43°27'20"E 10.00 feet, along the southwesterly boundary of said parcel; thence leaving said boundary N46°32' 40"E 82.00 feet, parallel with and 10 feet distant of said northwesterly boundary, to said southwesterly right-of-way line of Wiltshire Drive; thence N43°27'20"W 10.00 feet, along said right-of-way line to the point of beginning. Said strip contains 820 square feet, more or less. ORDINANCE 2005-32 VACATION OF A PORTION OF THE SOUTHGATE 2-n ADDITION STORMWATER PARCEL 2 PAGE I OF2 ---PAGE BREAK--- SECTION 2: EXCEPTIONS FROM VACATION. Vacation of property described in Section I of this Ordinance shall not include existing franchise rights and utilities or existing public utilities as of the effective date of this Ordinance. SECTION 3: VACATION ALL TO OWNER. The Council finds it expedient for the public good and deems it to be in the public interest of the adjoining properties that the owners of the real estate from which said vacation area, described in Section I of this Ordinance, was dedicated shall receive all of the property described in Section I 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 5'h day of Decem ATTEST ORDINANCE 2005 -32 VACATION OF A PORTION OF THE SOUTHGATE 2.0 ADDITION STORMWATER PARCEL 2 PAGE20F2