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ORDINANCE NO. 94-29 AN ORDINANCE OF THE CITY OF MOSCOW, A MUNJCIP AL CORPORATION OF IDAHO; PROVIDING THAT THE FIVE PARCELS OF LAND DESCRIBED IN SECTION 1 OF THIS ORDINANCE BE ANNEXED TO THE CITY OF MOSCOW; PROVIDING THAT LAND DESCRIBED IN SECTION 1 OF THIS ORDINANCE AS PARCELS 1, 2 AND 5 BE ZONED FR; PROVIDING THAT LANDS DESCRIBED IN SECTION ! OF THIS ORDINANCE AS PARCEL 3 BE ZONED R-2; PROVIDING THAT LAND DESCRIBED IN THIS ORDINANCE AS PARCEL 4 BE ZONED R- 2MH; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE BE DEEMED SEVERABLE; PROVIDING FOR THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. WHEREAS, it is desirable that lands adjoining the City of Moscow that can be efficiently served by city services be included within the boundaries of the City of Moscow; and WHEREAS, the record owners of such lands have requested the City to annex such lands; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL AS FOLLOWS: SECTION 1: DESCRIPTION. This ordinance shall apply to the following described parcels of land located in Moscow, Latah County, Idaho, to-wit: PARCEL#!: A parcel of land located in the SE l/4 of Section 6, T39N RS\V BM, and being more particulary described as follows: Beginning at the southeast corner of Section 6, T39N R5W BM; thence S 86°30'00" W, 395.34 feet along the south line of the SEI/4 of Section 6 to a point on the westerly right-of-way of the abandoned Burlington Northern Railroad property; thence N 1 0° 16'00" E, 312.29 feet along the westerly right-of-way to the TRUE POINT OF BEGINNING. Thence S 86°30'00" W, 823.80 feet along a line parallel to and 303.32 feet north of the south line of said Section 6; Thence N 36°01'00" W, 291.64 feet along a line parallel to and 124.67 feet easterly of the easterly right-of-way of north Almon Street; Thence North 1334.92 feet; ---PAGE BREAK--- Thence N 89°01 '00" E, 986.78 feet; Thence S 43°25'00" E, 336.50 feet to a point on the westerly right-of-way of said abandoned Burlington Northern property; Thence along said westerly right-of-way S 5°20'00" W, 115.00 feet; Thence S 79°44'00" E, 75.35 feet to a point on the westerly right-of-way of U.S. Highway 95; Thence S 0°05'38" E, 101.66 feet along said Highway right-of-way; Thence N 79°44'00" W, 93.63 feet to a point on the westerly right-of-way of said Burlington Northern property; Thence along said westerly right-of-way S 10°16'00" W, 1097.70 feet to the TRUE POINT OF BEGINNING. Parcel contains 39.36 acres. PARCEL#2: A parcel of land located in the SWI/4 of Section 5 and in the SEI/4 of Section 6, T.39N., R.5W., B.M., Latah County, Idaho, and being more particularly described as follows: Beginning at the southwest corner of said Section 5; thence N0°50'25"E 1288.87 feet along the westerly line of said Section 5 to the TRUE POINT OF BEGINNING; thence N89°15'11 "W 54.79 feet to the westerly right-of-way line of U.S. Highway 95, said highway right-of-way line being coincident with the easterly line of an abandoned railroad right-of-way; thence N II 007'15"E 22.43 feet along said joint right-of-way line; thence N0°45'37"E 484.42 feet along said joint right-of-way line, running 40.00 feet distant of and parallel with the centerline of said highway; thence northwesterly 52.28 feet along said joint right-of-way line, along a curve concave to the southwest, said curve having a radius of 623.69 feet, a central angle of 04°48'09", and a chord bearing N21 °44'23"W 52.26 feet; thence leaving said abandoned railroad right-of-way line, N0°45'37"E 89.89 feet along said highway right-of-way line; thence S89°14'23"E 110.00 feet, perpendicular to said right-of-way line, to a point on the easterly right-of-way line of said highway, said point being the northwest comer of the Franklin tract described in Warranty Deed No. 353526 filed with the Recorder's office of said Latah County; thence S89°27'27"E 1672.19 feet along the north boundary of said Franklin Tract to a point on the centerline of the North Polk Street Extension; thence S86°20'19"E 25.00 feet, perpendicular to said centerline, to a point on the easterly right-of-way line of said North Polk Street Extension; thence southerly 94.43 feet, along said easterly right-of-way line, along a non-tangent curve concave to the west, said curve having a radius of 311.48 feet, a central angle of 17°22'13", and a chord bearing SI2°20'48"W 94.07 feet; thence southerly, continuing along said right-of way line 513.80 feet along a curve concave to the east, said curve having a radius of 1884.86 feet, a central angle of 15°37'06", and a chord hearing SI3°13'22"W 512.2 I feet; thence southerly, continuing along said right-of-way line 57.15 feet along a curve concave to the cast, said curve having a radius of 261.48 feet, a 2 ---PAGE BREAK--- central angle of 12°31 '22", and a chord bearing S0°50'52"E 57.04 feet to a point on the north boundary line of the Peterson - Williams Subdivision, as shown on the plat filed with the Recorder's office of said Latah County; thence N89°l5'11 "W 25.22 feet to the northwest corner of said subdivision and the southeast corner of said Franklin Tract; thence N89° 15'11 "W 1544.11 feet along the south boundary of said Franklin tract to a point on the easterly right-of-way line of U.S. Highway 95; thence N89°15'11 "W 39.24 feet to the westerly line of said Section 5 and the TRUE POINT OF BEGINNING. Said parcel contains 25.44 acres, more or less. EXCEPTING THEREFROM: A parcel of land located in the SWl/4 of Section 5, T.39N., R.5W., B.M., Latah County, Idaho, described on Record of Survey No.368925 on file with the Recorder's office of said County, and being more particularly described as follows: Beginning at the southwest corner of said Section 5; thence N0°50'25"E 1655.82 feet along the westerly line of said Section 5; thence S88°57'23"E 38.73 feet to a point on the easterly right-of-way line of U.S. Highway 95 and the TRUE POINT OF BEGINNING; thence N0°45'37"E 107.84 feet along said right-of way line; thence leaving said right-of-way line S88°!2'08"E 277.27 feet; thence S03°04'24"W 183.54 feet; thence S82°45'30"W 166.67 feet; thence N0°28'19"W 51.36 feet; thence N29°03'46"W 58.56 feet; thence N8?"59'07"W 74.56 feet to the TRUE POINT OF BEGININING. Said parcel contains 45,263 square feet, or 1.04 acres, more or less. PARCEL A parcel of land located in the SWl/4 of Section 5 and in the SEI/4 of Section 6, T.39N., R.5W., B.M., Latah County, Idaho, and being more particularly described as follows: Beginning at the southwest corner of said Section 5; thence N0°50'25"E 224.66 feet along the westerly line of said Section 5 to the TRUE POINT OF BEGINNING; thence N89°14'23"W 59.27 feet perpendicular to the westerly right-of-way line of U.S. Highway 95 to a point on said right-of-way line; thence N0°45'37"E I 031.56 feet along said right-of-way line to the point of intersection with the easterly line of an abandoned railroad right-of-way; thence Nil 007'15"E 33.18 feet along said highway right-of-way line, said highway right-of-way line being coincident with said abandoned railroad right-of-way line; thence S89° 15'11 "E 94.03 feet to a point on the easterly right-of-way line of said highway, said point being the northwest corner of the Clyde tract as described in Warranty Deed No.392628 filed with the Recorder's office of said Latah County; thence S89° 15'11 "E 1544.10 feet along the northerly boundary of said Clyde tract 3 ---PAGE BREAK--- to the northwest comer of the Peterson - Williams Subdivision, the plat of said subdivision being on file with said Recorder's office; thence S89° I 5'11 "E 40.32 feet along the north boundary of said subdivision to a point on the easterly right of-way line of the North Polk Street Extension; thence southerly along said right of-way line as shown on said plat as follows: S06°25'13"E 63.26 feet, S09°55'08"E 94.86 feet, S 12° 11'58"E 161.51 feet, S !2°31 '30"E 133.17 feet to the southwest comer of Lot 2 of said Peterson - Williams Subdivision; thence leaving said easterly right-of-way line S77°28'30"W 65.00 feet, perpendicular to said right-of way line, to a point on the westerly right-of-way line of said North Polk Street Extension; thence N 12°31 '30"W 139.86 feet along said westerly right-of-way line to a point on the north boundary line of the Stalnaker tract described in Record of Survey No. 382924 as filed with said Recorder's office; thence N87°46'38"W 499.79 feet along the north line of said tract; thence S 12°31 '30"E 514.00 feet along the westerly boundary of said tract, and along the westerly boundary of the Wilson tract described in Record of Survey No. 380819 as filed with said Recorder's office, to the southwest comer of said Wilson tract; thence S87°46'38"E 124.75 feet along the south boundary line of said Wilson tract to the northwest comer of Tract No.2 as shown on the Record of Survey for Beckwith and Heick No. 364920 as filed with said Recorder's office; thence S0°40'59"W 26 I .16 feet along the westerly boundary of said Tract No.2 and along the westerly boundary of Tract No. I as shown on said Record of Survey No.364920; thence N88°50'54"W 13 I 4.92 feet to a point on the easterly right-of-way line of U.S. Highway 95; thence N89°!4'23"W 50.73 feet, perpendicular to said right-of-way line, to the westerly line of said Section 5 and the TRUE POINT OF BEGINNING. Said parcel contains 35. I 5 acres, more or less. PARCEL#4: A parcel of land located in the SEI/4 SWI/4 of Section 5, T.39N., R.5W., B.M., Latah County, Idaho, comprising of Lot 2 of the Peterson - Williams Subdivision as filed with the Recorder's office of said Latah County and more particularly described as follows: Beginning at the southwest comer of said Lot 2; thence following the boundary of said Lot 2 as follows: NI2°31'30"W 133.17 feet, Nl2°li'58"W 91.72 feet, S89°15'1 I "E 690.47 feet, S0°29'37"W 219.00 feet, and N89°15'1 I "W 640.32 feet to the point of beginning. Said parcel contains 3.35 acres, more or less. PARCEL#5: A parcel of land located in the SEI/4 SWI/4 of Section 5, T.39N., R.5W., B.M., Latah County, Idaho, comprising of Lot 3 of the Peterson - Williams Subdivision as filed with the Recorder's office of said Latah County, and that portion of the 4 ---PAGE BREAK--- North Polk Street Extension right-of-way adjoining said Lot 3, more particularly described as follows: Beginning at the southeast comer of said Lot 3; thence N88°50'54"W 436.59 feet to the southwest comer of said Lot 3, said point being on the easterly right-of-way line of the North Polk Street Extension; thence S82°03'29"W 65.00 feet perpendicular to said easterly right-of-way line to a point on the westerly right-of way line of said North Polk Street Extension; thence northerly along said westerly right-of-way line as follows: N07°56'3 I "W 355.64 feet, Nl 0°33'00"W 114.59 feet, N 12°31 '30"W 380.29 feet; thence leaving said westerly right-of-way line N77°28'30"E 65.00 feet perpendicular to said westerly right-of-way line to a point on the easterly right-of-way line of said North Polk Street Extension, said point also being the southwest comer of Lot 2 of said Peterson - Williams Subdivision and the northwest comer of said Lot 3; thence following the boundary of said Lot 3 as follows: S89° 15' 11 "E 640.32 feet to the southeast comer of said Lot 2, N0°29'37"E 424.00 feet to the northeast comer of Lot I of said Peterson Williams Subdivision, S89°l 5' 11 "E 280.00 feet to the northeast comer of said Lot 3, S0°29'37"W 588.94 feet, West 323.00 feet, and S0°29'37"W 673.11 feet to the southeast comer of said Lot 3 and the point of beginning. Said parcel contains 15.05 acres, more or less. SECTION 2: ANNEXATION. That the lands described in Section 1 of this ordinance as parcels 1, 2, 3, 4 and 5 be, and the same are hereby annexed to the City and declared a part of the City of Moscow. SECTION 3: ZONING. That lands described in Section 1 of this ordinance as parcels I, 2 and 5 be, and the same are hereby zoned FR - Farm, Ranch, Outdoor Recreation District; that land described in Section 1 of this ordinance as parcel 3 be zoned R-2 - Moderate Density, Single Family Residential District; that land described in Section I of this ordinance as parcel 4 be zoned R-2MH - Moderate Density, Single Family Residential District, Manufactured Housing Overlay District. The City Engineer is hereby directed to make the necessary amendments to the Moscow Zoning Map, which is on file at City Hall. SECTION 4: SEVERABILITY. The provisions of this ordinance shall be deemed severable and the invalidity of any provision of this ordinance shall not affect the validity of any remaining provisions. SECTION 5: EFFECTIVE DATE. This ordinance shall be effective upon its passage, approval, and publication according to law. 5 ---PAGE BREAK--- PASS ED by the City Council and APPROVED by the Mayor this 19th day of December , 199 _II. ATTEST: or!annexord/dm RERECORD Paul C. Agidius, Mayor 409?41.