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ORDINANCE NO. 2005-12 AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR VACATING A PORTION OF THE EAST/WEST RIGHT-OF-WAY LOCATED WITHIN THE CITY OF MOSCOW AND GENERALLY LOCATED IMMEDIATELY SOUTH OF MOSCOW URBAN RENEWAL AGENCY ALTURAS TECHNOLOGY PARK, PHASE II WEST OF SOUTH MOUNTAIN VIEW ROAD AND LEGALLY DESCRIBED IN SECTION 1 OF THIS ORDINANCE; PROVIDING THAT TITLE TO SAID VACATED RIGHT-OF-WAY 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 owner of the properties located on either side of and having access to the proposed area of vacation, said area being described in Section 1 of this Ordinance has petitioned for vacation of said right-of-way; and WHEREAS, on the 21" day of March, 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 ( 112) 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 interests of the adjoining property to have the vacated right-of-way revert to the property owner who made the original dedication of right-of-way; NOW THEREFORE, be it ordained by the Mayor and City Council of the City of Moscow as follows: SECTION 1: VACATION. 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 portion of the Thompson tract described in Quit Claim Deed No. 400472 on file with the Latah County, Idaho Recorder's office and situated in the southeast quarter of Section 17, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, said portion being more particularly described as follows: Beginning at the southeast corner of the 0.90 acre Public Park tract in Block 3 of Alturas Business Park plat, Instrument No. 424777 on tile with said Recorder's office, and shown on said plat as the 'point of beginning'; thence easterly 326.76 feet along a curve concave to the north, said curve having a central angle of 15°07'56", a radius of 1237.21 feet, and a chord bearing S82°33'52"E 325.81 feet; thence N89°52'10"E 355.10 feet to the point of intersection with the east boundary of said Section 17, said point bears N0°07'50"W 969.03 feet from the southeast comer of said Section 17; thence S0°07'50"E 60.00 feet along said east boundary; tbence S89°52'1 O"W 355.10 feet; thence westerly 342.60 feet along a curve concave to the north, said curve having a central angle of 15°07'56'', a radius of 1297.21 feet, and a chord bearing N82°33 '52"W 341.61 feet; thence ORDINANCE 2005 12 RIGHT-OF-WAY VACATION PAGElOF2 ---PAGE BREAK--- N74.59'54"W 16L15 feet parallel with and 60.00 feet distant of the southerly boundary of said Public Park tract; thence westerly 13236 feet, parallel with and 60.00 feet distant of the southerly boundary of Lot I , Block 3 of said Alturas plat, along a curve concave to the south, said curve having a central angle of 07"51 '31 a radius of 965.00 feet, and a chord bearing N78°55'39"W 132.25 feet; thence N05°39'31 "E 77,44 feet along an extension of the westerly boundary of said Lot I , to a point on said boundary; thence southeasterly 27.53 feet along the southerly boundary of said Lot 1, along a curve concave to the northeast, said curve having a central angle of 87.38' 14", a radius of 18,00 teet, and a chord bearing S38°09'36"E 24.93 feet to a point of reverse curvature; thence easterly along said boundary, 124.87 feet along a curve concave to the south, said curve having a central angle of 06°58'49", a radius of I 025.00 feet, and a chord bearing S78°29' 19"E 124.80 feet to the southwest comer of said Public Park tract; thence S74°59'54"E 161.15 feet along the southerly boundary of said Public Park tract to the point of beginning. Said portion contains 1.36 acres, more or less. 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 owner 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. 0RDfNANCE 2005 12 ALTURAS R!GHT$OF-WA Y VACATJON PAGE20F2