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ORDINANCE NO. 2004-20 AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF IDAHO, PROVIDING FOR VACATING A PORTION OF EAST-WEST ORIENTED AND UN-NAMED STREET RIGHT-OF-WAY LOCATED WITHIN THE CITY OF MOSCOW AND GENERALLY LOCATED NORTH OF THE REP LA T OF MOSER ESTATES SIXTH (6TH.) ADDITION AS LEGALLY DESCRIBED IN SECTION ONE OF THIS ORDINANCE; PROVIDING THAT TITLE TO SAID VACATED RIGHT-OF-WAY SHALL VEST WITH THE OWNERS OF THE ADJACENT PROPERTIES; PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER PAS SAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. WHEREAS, the owners of property North and South of and adjacent to said right-of-way have petitioned for vacation of said right-of-way as described in Section I of this Ordinance; and WHEREAS, on the 19th day of April, 2004, the Mayor and City Council conducted a public hearing on this matter and determined that vacating said public right-of-way was in the public interest; and WHEREAS, Idaho Code Section 50-311 provides that a vacated street will revert to the owners of adjacent real property, one half to each, or as the Council deems to be in the best interest of the adjoining properties. NOW THEREFORE, be it ordained by the Mayor and City Council of the City of Moscow as follows: SECTION I : That the following described public street right-of-way be, and the same hereby is vacated as of the effective date of this Ordinance: A parcel of land situated in Section 16, T39N, R5W BM and being more particularly described as follows: Beginning at the North one-quarter comer of said Section 16, thence S 89°36'07"E, 572.07 feet, along the north line of said Sec 17, to the True Point of Beginning; Thence S 89°36'07"E, 607.33 feet, along the north line of said Sec 16 to a point of the west side of Fairview Dr. extended RJW; Thence S 0°38'27" W, 40.00 feet, along said extended RJW; Thence N 89"36'07"W, 607.33 feet, to a point on the east boundary of Moser's 5'h Addition; Thence N 0°41 '21"E, 40.00 feet, along the east boundary of Moser's 5th Addition to the True Point of Beginning. Said parcel contains 0.56 acres. Ordinance 2004-20 Good Samaritan Right-of-Way Vacation Page I of 2 ---PAGE BREAK--- SECTION 2: VACATION ONE HALF TO EACH. The Council finds it expedient for the public good and deems it to be in the public interest of the adjoining properties that each owner of the adjacent real estate to the property described in Section I of this Ordinance shall receive one half (1/2) on each side thereof at the time of reversion/vacation. SECTION 3: 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 19' h day of April, 2004. Ordinance 2004-20 Good Samaritan Right-of-Way Vacation Page 2 of2