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ORDINANCE NO. 2004-15 AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING THAT LANDS DESCRIBED IN SECTION I OF THIS ORDINANCE BE ANNEXED TO THE CITY OF MOSCOW; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE BE DEEMED SEVERABLE; PROVIDING FOR THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT FROM AND AFTER PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. WHEREAS, the Moscow Mayor and City adopted Resolution 2001-15 which established annexation standards and guidelines creating an annexation policy; and WHEREAS, lands described in Section I of this Ordinance have been requested to be annexed by the owner or representative thereot; and WHEREAS, annexation of the aforementioned lands would result in other lands described m Section I of this Ordinance being surrounded by City Limits; and WHEREAS, Idaho Code Section 50-222 authorizes city annexation of tracts of land adjacent to and surrounded by the City; and WHEREAS, the Moscow Mayor and City Council held a public hearing regarding this matter on February 17, 2004; and WHEREAS, the Moscow Mayor and City have determined that annexation of lands described in Section I of this Ordinance is appropriate and is consistent with Council policy established in of Resolution 2001-15. NOW THEREFORE, be it ordained by the Mayor and Council of the City of Moscow as follows: SECTION 1: LEGAL DESCRIPTION: This Ordinance shall apply to the following described lands in Moscow, Latah County, Idaho, to-wit: A tract of land situated in Section 16, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, and being more particularly described as follows: Commencing at the northeast comer of Lot 36 of the Plat of Section 16 recorded in Book 2 of Plats, page 36, records of Latah County, Idaho; thence North, along the projected east line of said Lot 36, 40.00 feet to the centerline of a vacated 80 foot right-of-way running East and West and the TRUE POINT OF BEGINNING, said point being on the existing City of Moscow, Idaho corporate boundary; thence following said corporate boundary the following courses: West along said vacated right-of-way centerline 660.00 feet to the intersection with the centerline of a vacated 80 foot right-of-way running North and South; thence South along said centerline 350.00 feet; thence West 280.00 feet to the northwest comer of the John Mix Tract, said point being on the East-West centerline of Lot 37 of said Section 16; thence West 380.00 feet along said centerline, said centerline being the south boundary line ORDINANCE 2004-15 ANNEXATlON SAUSBt!RY PAGE I of3 ---PAGE BREAK--- of the Jabbora Traet, as recorded in Book 129 of Deeds, page 421, records of Latah County, Idaho, to the west boundary of said Lot 37, said point being the southwesterly corner of said Jabbora Tract; thence N00° 13 '20"W 314.13 feet, along the west line of said Jabbora Tract, to the south right-of-way line of White Avenue; thence S89°23 'W 672.22 feet along said south right-of-way line to the centerline of a platted 80 foot wide right-of-way running North and South; thence North 80.00 feet along said centerline to the north right-of-way line of White Avenue; thence S89°23'W 40.00 feet to the southeast corner of Lot 26 of said Section 16; thence S89°23 'W 405.00 feet along the south line of said Lot 26; thence North 220.00 feet; thence S89°23'W 215.00 feet to the west line of said Lot 26; thence North 400.00 feet along said west line to the south line of the Peterson Addition to the City of Moscow, Latah County, Idaho as recorded in Book 5 of Plats, page 9, records of Latah County, Idaho; thence N89°28 'E 66.00 feet, along said south line, to the southeast comer of said Peterson Addition; thence East 254.20 feet, along the south line of a tract of land as described in Book 149 of Deeds, page 447, records of Latah County, Idaho, to the southwest corner of the Monte Vista Addition to the City of Moscow, Latah County, Idaho as recorded in Book 5 of Plats, page 31, records of Latah County, Idaho; thence N89°22'E 320.80 feet; thence North 140.00 feet; thence N89°22'E 128.98 feet; thence N61 °00'E 63!.22 feet; thence N89°22'E 438.00 feet; thence N00°4l '13"E 175.68 feet to a point of intersection with the southerly right-of-way line of Joseph Street; thence Southeasterly 243.10 teet along a curve concave to the south, said curve having a radius of 660.00 feet, a central angle of 21°06'15", and a chord bearing S72°39'5l "E 24!.73 feet; thence S62°06'42"E 42.00 feet, along said right of-way line, to a point of curvature of a tangent curve; thence Southeasterly 315.39 feet along a curve concave to the north, said curve having a radius of 460.00 teet, a central angle of 39°17'02", and a chord bearing S8!045'06"E 309.25 feet; thence N78°36'18"E 305.79 feet, along said right-of-way line, to the southeast corner of the Vista Addition to the City of Moscow, Latah County, Idaho, as recorded in Book 6 of Plats, page 34, records of Latah County, Idaho; thence N00°4l '2l"E 15.34 feet, along the boundary of said addition, to a point, said point being on a line parallel with, southerly of, and 25.00 feet distant (as measured perpendicularly) of the southerly boundary line of the Moser Estates Fifth Addition to the City of Moscow, Latah County, Idaho, as shown on the plat of said addition recorded as Instrument No. 410298, records of Latah County, Idaho; thence along said parallel line as follows: N78°34'54"E 14.17 feet; thence N78°01'52"E 519.59 feet; thence Northeasterly 161.23 feet along a curve concave to the northwest, said curve having a radius of 1275.00 feet, a central angle of 7°14'44", and a chord bearing N74°24'30"E 161.13 feet to the centerline of a platted 80 foot wide right-of-way running North and South; thence leaving said parallel line and also leaving said corporate boundary, South 55.49 feet along said centerline to the point of intersection with the centerline of a platted 80 foot wide right-of-way running east and west; thence East 660.00 feet along said centerline, along a vacated portion of said right-of-way; thence South 40.00 feet to the northeast corner of Lot 18 of said Plat of Section 16; thence South 620.00 feet along the east boundary of said Lot 18; thence West 620.00 feet along the south boundary of said Lot 18 to the easterly line of a vacated 80 foot wide right-of: way, running East and West; thence continuing West 40.00 feet to the centerline of 0RDlNANCE 2004-15 8ANNEXATION SALISBURY PAGE 2 of 3 ---PAGE BREAK--- said right-of-way; thence South 660.00 feet along said centerline to the centerline of a vacated 80 foot wide right-of-way running East and West; thence West 660.00 feet along said centerline to the TRUE POINT OF BEGINNING. Said tract contains 93.4 acres, more or less. SECTION 2: ANNEXATION: The lands described in Section I of this Ordinance be and the same hereby are, annexed to the City of Moscow, Idaho and declared a part of the City of Moscow, Idaho; and the Moscow City Engineer is hereby ordered to make the necessary amendments to the official City limits map, zoning map, and Area of City Impact map for the City of Moscow, Idaho, which are on file at City Hall. SECTION 3: SEVERABILITY: Provisions of this Ordinance including every exhibit subpart of Section I of this Ordinance, shall be deemed severable and the invalidity of any provision of this Ordinance including any exhibit subpart of Section I of this Ordinance, shall not affect the validity of remaining provisions or subparts. SECTION 4: EFFECTIVE DATE: This Ordinance shall be effective upon its passage, approval and publication according to law. PASSED by the City Council and APPROVED by the Mayor this 5th day of April, 200 ) ATTEST: Kalasz, City Clerk I ORDINANCE 2004--15 ANNEX,HION SALISBURY PAGE 3 of 3