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ORDINANCE NO. 95-05 AN ORDINANCE AMENDING ORDINANCE NO. 94-03 OF THE CITY OF MOSCOW, IDAHO, ESTABLISHING AND DECLARING IN THIS ORDINANCE THE BOUNDARIES AND CORPORATE LIMITS OF THE CITY OF MOSCOW, LATAH COUNTY, IDAHO, IN ACCORDANCE WITH THE PROVISIONS OF THE LAWS OF THE STATE OF IDAHO RELATING TO THE ESTABLISHMENT OF THE BOUNDARIES AND THE ANNEXATION OF ADJACENT AND CONTIGUOUS TERRITORY i PROVIDING FOR REPEAL OF ANY OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING A SEVERANCE AND SAVINGS CLAUSE: AND FOR THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, IDAHO: SECTION 1: The City of Moscow, Latah County, Idaho, shall embrace, include and contain within its corporate limits all the territory embraced, included and encompassed within the lines and boundaries as this Ordinance bounded and described. SECTION 2: The boundaries and corporate limits of the City of Moscow, Latah County, State of Idaho, are hereby established and ordained to be as follows: Beginning at the west quarter corner of Section 9, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho; thence S89°1210811E, along the latitudinal centerline of said Section 9, 2650.50 feet to the center of said Section 9; thence S00°43 1 5111W, along the longitudinal centerline of said Section 9, 30.00 feet to a point on the south right-of- way line of Street; thence continuing S00°43 1 5111W along said centerline, 120.00 feet to the southwest corner of a parcel of land described in Book of Deeds No. 145, page 61, records of Latah County, Idaho said point being the TRUE POINT OF BEGINNING of this description; thence S89°301E 150. 00 feet, along the south line of said parcel, to the southeast corner of said parcel; thence North 120.00 feet, along the east line of said parcel, to the northeast corner of said parcel, said corner also being on the south right of-way line of Street; thence, continuing North 60.00 feet, to the north right-of-way line of Street; thence N89°301 W 150.00 feet, along said north right-of-way line, to 1 ---PAGE BREAK--- 41090b the southeast corner of Lot of Schumacher's Addition to the City of Moscow, Latah County, Idaho as recorded in Book 3 of Plats, page 9 in the office of the County Auditor of said county and state, said southeast corner also being the southeast corner of Lot 2, Block 8 of Val Halla Addition to the City of Moscow, Latah County, Idaho as recorded in Book 6 of Plats, page 4, in the office of the County Auditor of said county and state and also being on the longitudinal centerline of Section 9, T.39N., R.5W., Boise Meridian; thence N00°03'30"W 1004.70 feet, along said centerline, to a point S89°26'E 79.13 feet of the southeast corner of stokes Addition to the City of Moscow, Latah County, Idaho as recorded in Book 6 of Plats, page 29 in the office of the County Auditor of said county and state, said point also being the northeast corner of Lot andjor the southeast corner of Lot of said Schumacher's Addition and also being the southeast corner of the William A. Flack (City of Moscow, Idaho) property; thence N00°0313011W (N00°2014411W) 1570.49 feet, along the east line of said Lot and/or said longitudinal centerline to the northeast corner of said Lot thence N00°03 13011W (N00°20 1 44"W) 30.00 feet to the quarter corner on the north line of Section 9, T. 39N., R.5W., Boise Meridian, said point also being the south quarter corner of Section 4, T.39N., R.5W., Boise Meridian and also being on the centerline of Mountain View Road (County Road); thence N00°03'30"W (N00°20'44"W) 30.00 feet along the longitudinal centerline of said Section 4, to an intersection with the north right-of-way line of Mountain View Road (County Road) extended S89°15'49"E (S89°09'47"E); thence N89°15 '4911W (N89°09 1 4 7"W) 699.96 feet, along said extension and along said right-of-way line and 30.00 feet North of and parallel to the south line of said Section 4; thence South 60. oo feet and crossing Mountain View Road (County Road) to an intersection with the north line of said Lot of said Schumacher's Addition, said point also being on the south right-of-way line of said Mountain View Road (County Road): thence South 773.73 feet to an intersection with the north line of said Stokes Addition; thence N89°15'4911W (N89°26'30"W) 298.00 feet, along said north line, to an intersection with the east line of Paradise Meadows Addition to the city of Moscow, Latah County, Idaho as recorded in Book 6 of Plats, page 38 in the office of the County Auditor of said county and state, said point also being on the east line of Lot of said Schumacher's Addition and also being the northwest corner of said Stokes Addition; thence North (N00°15'19"E) 268.20 feet, along said east line of said Paradise Meadows Addition, to the northeast corner of said addition, said corner also being the northeast corner of Lot and the southeast corner of Lot of said Schumacher's Addition; thence North 267.05 feet, along the east line of said Lot to the northeast 2 ---PAGE BREAK--- 41090S corner of said Lot said point also being the southeast corner of Lot of said Schumacher's Addition; thence N89°1514911W (N89°17138"W) 990.0 feet, along the north line of said Lot and/or the south line of said Lot to the southwest corner of said Lot said corner also being an east corner of future Lot 12 of Cosner Subdivision of Portions of Lots and of the Schumacher's Addition to Latah County, Idaho as recorded in Book 5 of Plats, page 1 in the office of the County Auditor of said county and state; thence North 118.76 feet, along the west line of said Lot andfor the east line of said future Lot 12, to the northeast corner of said future Lot 12; thence N89°15'49"W (N89°17'38"W) 630.25 feet, along the north line of said future Lot 12 and the north line of Lot 11 of said Cosner Subdivision, to a point on the east right-of-way line of Mountain View Road; thence North 178.92 feet, along said right-of-way line and the extension North of same, to an intersection with the north right-of-way line of Mountain View Road (County Road); thence N89°15149"W (N89°17'W) 30.00 feet, to a point N00°361 W 30.00 feet of the southeast corner of Section 5, T.39N., R.5W., Boise Meridian and/or the southeast corner of the Amended Plat of Evergreen Hills Addition to the City of Moscow, Latah County, Idaho as recorded in Book 6 of Plats, page 18 in the office of the county Auditor of said county and state; thence N00°36 'W 795.00 feet, along the east line of said addition, to the northeast corner of said addition; thence S89°55 'W 127 5. oo feet, along the north line of said addition, to the southeast corner of an easement described in Instrument No. 285532 as recorded in the office of the County Auditor of Latah County, Idaho; thence N07°07'3011W 120.93 feet, along said easement, to a point on the east right-of-way line of Orchard Avenue, thence North 210.00 feet, along said right of-way line, to the north line of the Maurin Tract as described in Instrument No. 269235 as recorded in said office of the County Auditor; thence east along said north line, 1290. oo feet to a point on the east line of said Section 5; thence North, along said east line, 165.00 feet to the northeast corner of the southeast quarter of the southeast quarter of said Section 5; thence West 500. oo feet, along the north line of said southeast quarter of the southeast quarter; thence N37°48'19"W 797.04 feet, along the westerly boundary of the Trail Tract as described in Instrument No. 268495 as recorded in said office of the Latah County Auditor; thence North 480.75 feet, along the west line of said Trail Tract, to the south right-of-way line of Trail Road; thence East 99.00 feet, along said right-of-way line; thence North 944.52 feet, along the east right-of-way line of said Trail Road; thence N58°46154"E 270.11 feet, along the southerly right-of-way line of said Trail Road; thence North 29.23 feet to a point on the 3 ---PAGE BREAK--- 4100S centerline of said Trail road, said point being North 907.50 feet and East 660.00 feet from the southwest corner of the southeast quarter of the northeast quarter of said Section 5; thence North 1534.50 feet, along the west boundary of said Trail Tract, to the north line of said Section 5, thence West 660.00 feet to the northwest corner of the northeast quarter of the northeast quarter of said Section 5; thence continuing West, along said north line, 30.00 feet to the west right-of-way line of orchard Avenue; thence South 1452.00 feet along said west right-of-way line, parallel to and 30.00 feet West of the west line of the west half of the northeast quarter of said Section 5; thence East 5.00 feet, along said west right-of-way line; thence South 495.00 feet, along said west right-of-way line; parallel to and 25.00 feet west of the west line of the southeast quarter of the northeast quarter of said Section 5; thence West 8.00 feet, along said west right-of-way line; thence South 495.00 feet along said west right-of-way line, parallel to and 33. oo feet West of said west line of the southeast quarter of the northeast quarter to a point on the north line of the northwest quarter of the southeast quarter of said Section 5; thence N89"39'37"W 1282.38 feet to the northwest corner of the NW1/4 SE1/4 of said Section 5, said point being a brass cap monument; thence S0"29'37"W 654.78 feet along the west line of said NW1/4 SE1/4 of Section 5 to the southwest corner of a parcel of land described in Instrument No. 384312 as recorded with said County; thence S89"29118"E 828.79 feet, along the south boundary line of said parcel to the southwest corner of an easement as described in said Instrument No. 384312; thence along the south boundary line of said easement as follows: S89"29118"E 235.00 feet, N00"27'04"E 31.06 feet, and N89"25153"E 219.04 feet to said west right-of-way line of Orchard Avenue; thence S00"27'29"W 400.24 feet, along said right-of-way line, parallel to and 33.00 feet West of said sest line of the northeast quarter of the southeast quarter of Section 5; thence along the boundary of the Susa Tract as described in Instrument No. 366117 as recorded in said office of the Latah County Auditor as follows: N81"23128"W 314.54 feet, South 190.00 feet, East 173.00 feet to the west boundary of the Johnson Tract as described in Instrument No. 247830 as recorded in said office of the Latah County Auditor; thence along said boundary of the Johnson Tract as follows: South 28.00 feet, West 11.00 feet, South 45.00 feet, west 50.00 feet, South 80.00 feet to a point on the north line of the southwest quarter of the southeast quarter of said Section 5, said point being 232.00 feet from the northeast corner of the southwest quarter of the southeast quarter of said Section 5; thence N89"441W 539.86 feet, along said north line, to the northwest corner of said Grand-View Addition to the city of Moscow, Latah County, Idaho as recorded in Book 4 of Plats, page 40 in the office of the County Auditor of 4 ---PAGE BREAK--- said county and state; thence South 656.00 feet, along the west line of said Grand-View Addition, to the southwest corner of said Addition, said point also being the northwest corner of Orchard Place Addition to the City of Moscow, Latah county, Idaho as recorded in Book 4 of Plats, page 42 in the office of the County Auditor of said county and state; thence South 660.00 feet, along the west line of said Addition, to the southwest corner of said addition; thence S89°411E 740.00 feet, along the south line of said addition, to the southeast corner of said addition, said point being on the west right-of-way line of Orchard Avenue and also being the northeast corner of a parcel of land as described in Deed No.391549, records of Latah County, Idaho; thence S02°13134"E 514.88 feet, along the easternmost property line of said parcel, to a southeast corner of said parcel; thence west 125.00 feet, along a south property line of said parcel; thence South 228.00 feet, along an east property line of said parcel, to a southeast corner of said parcel, said southeast corner being on the north right-of-way line of Public Avenue; thence South 60.00 feet, to a point on the south right-of-way line of said Public Avenue; thence N89°371 06"W 768.50 feet, along said south right-of-way line, to a point S89°37106"E 94.50 feet of the northeast corner of Reynolds Addition to the City of Moscow, Latah County, Idaho, as recorded in Book 4 of Plats, page 44, in the office of the County Auditor of said county and state, said point being also the southeast corner of a tract of land annexed to the city of Moscow, Idaho by Ordinance No. 1418; thence N01°04 1 06"E 797.31 feet and crossing Public Avenue to the northeast corner of said tract, said point being on the north line of Section 8, T.39N., R.5W., Boise Meridian; thence N88°44 124"W 456.14 feet, along said north line and/or the north line of said tract to the northwest corner of said tract, said point also being the north 1/4 corner of said Section 8; thence S00°37 1 24"W 160.00 feet along the longitudinal centerline of said Section and/or the westerly line of said tract, to a western corner of said tract, said point also being the northwest corner of a tract of land annexed to the City of Moscow, Idaho by Ordinance No. 84-05; thence S00°37124"W 640.48 feet, along the longitudinal centerline of Section 8 andjor the west line of the tract annexed in Ordinance No. 84-05, crossing Public Avenue, to the southwest corner of said tract, said corner also being a point on the south right-of-way line of Public Avenue and being also the northwest corner of Reynolds Addition; thence South 29.20 feet along the west line of said addition, to the northeast corner of Bowers Second Addition to the City of Moscow, Latah County, Idaho as recorded in Book 5 of Plats, page 35 in the office of the County Auditor of said county and state and also being a point on the longitudinal centerline of Section a, T.39N., R.5W., Boise Meridian, 802.00 feet South of the north 1/4 5 ---PAGE BREAK--- 410JO:S corner of said Section 8; thence S41°54'W 163.39 feet and S65°581 W 409.47 feet along the northerly line of said Bowers Second Addition andjor the southerly right-of-way of Public Avenue; thence, leaving said southerly right-of-way line and running N00°02 'W 65.68 feet to a point on the north right of-way line of Public Avenue, said point being the southeast corner of Lot 51 of the Replat of Homestead Addition to the City of Moscow, Latah County, Idaho as recorded in Book 3 of Plats, page 28 in the office of the County Auditor of said county and state, said point also being on the west right- of-way line of Howard Street; thence N00°22 'W 281.10 feet, along said west right-of-way line, to the northeast corner of a parcel of land as described in Book of Deeds 126, page 407, records of Latah County, Idaho; thence S89°531W 350.00 feet, along the north line of said parcel and crossing Polk Street, to the west right-of-way line of said street; thence S00°02 'E 141. 3 5 feet, to the northeast corner of the City Shop property of the City of Moscow, Idaho as described in Book 133 of Deeds, page 144 and Book 135 of Deeds, page 73, records of Latah County, Idaho; thence West 350.00 feet, to the northwest corner of said parcel; thence South 4 7 4. 4 7 feet, along the west line of said parcel, to a point North 90.00 feet of the northwest corner of Block 15 of the Replat of Moore's Addition to the City of Moscow, Latah County, Idaho as recorded in Book 3 of Plats, page 29 in the office of the County Auditor of said county and state; thence S89°53 'W 1166. 00 feet, along a line parallel to and 90.00 feet North of the north lines of Blocks 14, 13, 12, and 11 of said Replat of Moore's Addition, to a point 250.00 feet East of the east right-of-way line of U.S. Highway 95, said point also being the southeast corner of a parcel of land described in Book 139 of Deeds, page 478, records of Latah County, Idaho; thence N00°19'W 240.00 feet, along the east property line of said parcel; thence N30°31'20"W 69.58 feet, to a northeast corner of said parcel; thence S89°53'W 215.00 feet, along the north line of said parcel and the north line of Inscore's Addition to the City of Moscow, Latah county, Idaho as recorded in Book 4 of Plats, page 37 in the office of the County Auditor of said county and state, to a point on said east right-of-way line of u.s. Highway 95; thence N00°19'W 113.52 feet, along the east right-of-way line of said U.S. Highway 95; thence West 115.00 feet, crossing said Highway 95, to a point on the west right-of-way line of said highway, said point being the northeast corner of Lot 10, Block 1 of Loney's Addition to the City of Moscow, Latah County, Idaho as recorded in Book 4 of Plats, page 37, in the office of the County Auditor of said county and state; thence N00°19 'W 750. oo feet, along said west right-of-way line, to the northeast corner of said Loney's Addition; thence, continuing N00°19'W 206.94 feet, along said west 6 ---PAGE BREAK--- right-of-way line, to a point on the south line of the Henry Brandt Tract as described in Book 109 of Deeds, page 412, records of Latah County, Idaho, said point being South 30.00 feet and S86°30 'W 55.90 feet of the northeast corner of Section 7, T.39N., R.5W., Boise Meridian; thence S86°30'W 240.60 feet, along said south line, to the southwest corner of said tract, said corner being on the easterly line of the abandoned Burlington Northern, Inc. right-of-way; thence N11°07116"E 312.29 feet, along said east right-of-way line, to a point, said point being on a line parallel with, northerly of and 303.32 feet (as measured perpendicularly) distant of the north line of said Section 7; thence S87°21'15"W 102.96 feet to a point on the westerly line of said abandoned railroad right-of-way line; thence N11 °07 '15"E 1097.70 feet along said abandoned right-of-way line; thence S78°52145"E 93.63, feet perpendicular to said abandoned railroad right-of-way line, to a point on the westerly right-of-way line of U.s. Highway 95; thence S00°45'37"W 35.76 feet along said highway right-of-way line, said line being coincident with the easterly line of said abandoned railroad right-of-way; thence S11°07115"W 55.60 feet along said common right-of-way line; thence leaving said abandoned railroad right-of-way line S00°45 '37"W 1031.56 feet along the westerly right-of-way line of U.S. Highway 95; thence S89°14123"E 59.27 feet to a point on the easterly line of Section 6, T.39N., R.5W., Boise Meridian, said point bears Noo• 50' 25"W 224.66 feet of the southeast corner of said Section 6; thence continuing S89°14'23"E 50.73 feet to the easterly right-of-way line of u.s. Highway 95; thence S88°50'54"E 1314.92 feet to a point on the westerly boundary of a parcel of land described as 'Tract No. 11 on Record of Survey Number 364920 on file with the Latah county Recorder's office; thence N00°40 159"E 261.16 feet to the northwest quarter of a parcel of land described as 'Tract 2' on said Record of Survey; thence N87°461 38"W 124.75 feet along the south boundary of a parcel of land described on Record of Survey Number 380819 on file with said Recorder's office; thence N12°31'30"W 514.00 feet along the west boundary of said parcel and along the west boundary of a parcel of land described in Record of survey Number 382924 on file with said Recorder's office; thence S87°461 38"E 499.79 feet along the north boundary of said parcel to the northeast corner of said parcel; thence along the westerly right-of-way line of North Polk Street Extension as follows: S12°31'30"E 520.15 feet; S10°33'00"E 114.59 feet; and S07°561 31"E 355.64 feet; thence leaving said westerly right-of-way N82°03129"E 65.00 feet perpendicular to said right-of-way line to the southwest corner of Lot 3 of the Peterson - Williams Subdivision as filed with the Latah County Recorder's Office; thence following the boundary of said Lot 3 as follows: S88°50'54"E 436.59 feet; N00°29'37"E 673.11 feet; S9o•oo'OO"E 323.00 feet; N00°29'37"E 588.94 feet; 7 ---PAGE BREAK--- N89°15'11"W 280.00 feet; and S00°29'37"W 205.00 feet to the northeast corner of Lot 2 of said Peterson Williams subdivision; thence N89°15'11"W 690.47 feet to the northwest corner of said Lot 2; thence along the easterly right-of-way line of North Polk street Extension as follows: N12°11'58"W 69.79 feet; N09°55108"W 94.86 feet; and N06°25'13"W 63.26 feet to a point on the north boundary of said Peterson - Williams Subdivision; thence N89 ° 02 '06"W 15. 10 feet along said north boundary; thence along the easterly right-of-way line of North Polk Street Extension as follows: northerly 57.15 feet along a curve concave to the east, said curve having a radius of 261.48 feet, a central angle of 12°31'22", and a chord bearing N00°501 52"W 57.04 feet; northerly 513.80 feet along a curve concave to the east, said curve having a radius of 1884.86 feet, a central angle of 15°3710611, and a chord bearing N13°13'22"E 512.21 feet; and northerly 94.43 feet along a 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 N12°20'48"E 94.07 feet; thence leaving said easterly right-of-way line N86°20'19"W 25.00 feet radial to said easterly right-of-way line to the northeast corner of the Franklin tract as described in Warranty Deed No. 353526 filed with the Latah county Recorder's office; thence N89°27'27"W 1672.19 feet along the north boundary line of said Franklin tract to the easterly right-of-way line of u.s. Highway 95; thence N89°14123"W 38.34 feet, perpendicular to said right-of-way line, to a point on the westerly line of Section 5, T.39N., R. 5W., Boise Meridian; thence continuing N89 o 14 '23 "W 71.66 feet to a point on the westerly right-of-way line of U.S. Highway 95; thence along said westerly right-of-way line as follows: S00°45137"W 89.89 feet; southeasterly 52.28 feet along a non-tangent curve concave to the southwest, said curve having a radius of 623.69 feet, a central angle of 4°481 09", and a chord bearing S21°44'23"E 52.26 feet; and S0°45'37"E 347.01 feet; thence leaving said highway right of-way line N78°52 145"W 75.35 feet to a point on the easterly line of an abandoned railroad right-of-way; thence N06°11'15"E 115.00 feet along said abandoned railroad right of-way line; thence N42°33'45"W 336.50 feet; thence S89°52'15"W 986.78 feet; thence S00°51'15"W 1334.92 feet to a point, said point on a line parallel with and 124.67 feet northeasterly (as measured perpendicularly) distant from the easterly right-of-way line of North Almon street; thence N35°09'45"W 149.77 feet along said parallel line, to a southeast corner of the KRPL, Inc. property as described in Instrument No. 254326, records of Latah County, Idaho; thence North 324.90 feet; thence S86°30'W 224.78 feet, to a point on a non-tangent curve on the east right-of-way line of North Almon Street, said point being the northwest corner of said KRPL, Inc. property; thence S00°35'3611E 35.78 feet, along a chord of said curve, to a point of tangency (the center of the above curve bears S88"11' 24 "E having a radius 8 ---PAGE BREAK--- of 425.00 feet and a central length, bearing Southeasterly, S03°0l1E 116.23 feet, along said 410908 angle of 04°49 '36" and a of 35.80 feet); thence east right-of-way line, to a point of curvature of a tangent curve; thence Sl9°3l' E 156.21 feet, along the long chord of said curve, to a point of tangency (the center of the above curve bears N86°59 1 E having a radius of 275.00 feet and a central angle of 33°00' and a length bearing southeasterly, of 158.35 feet); thence S36°0l'E 472.78 feet, along said east right-of-way line; thence S37°411E 206.84 feet, along said east right-of-way line; thence S45°47'E 174.71 feet, along said east right-of way line, to a point on the north line of Section 7, T.39N., R.5W., Boise Meridian, said point being S86°301W 1060.88 feet of the Northeast corner of said section; thence S86° 301W 67.58 feet, leaving said east right-of-way line and along said north line, to a point on the west right-of-way line of North Almon Street; thence S86°30'W 1511.97 feet, leaving said west right-of-way line and along said north line; to the 1/4 corner of the north line of said Section 7; thence S00°101E 1323.70 feet on the longitudinal centerline of said Section 7 to the southwest corner of the NWl/4 NEl/4 of said Section 7; said point also being the northeast corner of an easement described in Instrument No.223148 filed with said County Recorder; thence S86°241 W 1354.21 feet to the northwest corner of the SElf 4 NWl/ 4 of said Section 7; thence South 556.80 feet along the west boundary line of said SEl/4 NWl/4; thence S86°271 W 1355.77 feet, parallel with the south line of the SW 1/4 NW 1/4 of said Section 7, to a point on the west boundary line of said SWl/4 NWl/4; thence S88°35'30"W 594.66 feet parallel with the north boundary line of the Palouse Empire Mall property; thence South 1350.00 feet, parallel with the east boundary line of Section 12, Township 39 North, Range 6 West, Boise Meridian, to a point on the north line of said Palouse Empire Mall property; thence S88°3l1W 504.00 feet along said north line; thence N00°04'30"W 34.01 feet; thence S88°3l1W 1486.95 feet, along said north line, to the northwest corner of said property; thence S00°2 0 1 W 3 7 4. 64 feet, along the west line of said tract; thence S89°51124"W 51.38 feet to the northeast corner of the U-Haul Company tract, said point also being a point on the longitudinal centerline of Section 12, T.39N., R.6W., Boise Meridian, and also being an east corner of a tract annexed by Ordinance No. 83-13; thence N00°08 1 3611W 933.49 feet, along said centerline andjor the east line of the tract annexed by said Ordinance No. 83-13, to the northeast corner of said tract, said corner being a point on the latitudinal centerline of Section 12, T.39N., R.6W., Boise Meridian; thence S89°56'48"W 1642.77 feet, along said centerline and/or the north line of said tract, to the west 1/4 corner of said section 12 and/or the 9 ---PAGE BREAK--- 410US northwest corner of said tract, said corner being a point on the Idaho-Washington state line; thence S00°12 I 02"E 1460.87 feet, along said state line, to an intersection with the north right-of-way line of State Highway No. 8, said point being the southwest corner of the Appaloosa Horse Club tract; thence S00°12 1 02 "E 140. oo feet, crossing said highway, to an intersection with the south right-of-way of said highway; thence S00°12 1 02 along said state line, 169.83 feet to the south right-of-way line of the Burlington Northern Railway Company; thence S00°12102"E, continuing along said state line, 3377.07 feet to the northwest corner of the southwest quarter of Section 13, T.39N., R.6W., Boise Meridian; thence N89°31116"E 4087.51 feet to the west quarter corner of said Section 13; thence S00°101 E, 2622.00 feet to the southeast corner of said Section 13; thence N87°081E, along the south line of Section 18, T.39N., R.5W., Boise Meridian, 803.10 feet; thence S00°241E 478.61 feet to the south right-of-way line of Palouse River Drive; thence N82°561E, along said south right-of-way line, 606.16 feet; thence N79°10 1 E, continuing along said south right-of-way line, 308.57 feet; thence N01°14128"W, 389.49 feet to the south line of said Section 18; thence N01°061 28"W, 222.10 feet to a point, said point being the northwest corner of a parcel of land described in Book 121 of Deeds, Page 25, records of Latah County, Idaho; thence N85°53132"E 411.57 feet; thence S01°061 53"E 222.10 feet to a point on the south line of said Section 18; thence, continuing S01°061 53"E 299.93 feet, to the southeast corner of said parcel of land, said point also being on the centerline of Palouse River Drive; thence N78°381 54"E 585.21 feet, along said centerline, to the northwest corner of the Allen Tracts Addition to the City of Moscow, Latah County, Idaho as recorded in Book 4 of Plats, Page 20 in the office of the County Auditor of said county and state, said point being on the longitudinal centerline of Section 19, T.39N., R.5W., Boise Meridian; thence South 539.00 feet, to the southwest corner of said Allen Tracts; thence N87°121 E 306.00 feet; thence South 32.00 feet; thence S70°191E 135.90 feet; thence N34°121 E 105.90 feet; thence N87°121 E 105.90 feet; thence N87°121 E 118.80 feet; thence S51°481E 260.80 feet; thence N58°421 E 117.95 feet; thence North 115.00 feet; thence N87°121 E 306.00 feet; thence N64°281 E 338.80 feet, to the southeast corner of Tract 2 of said Allen Tracts Addition; thence S02°031E 482.00 feet; thence S47°201E 91.30 feet; thence S09°02'W 346.00 feet, parallel with the western right-of-way line of U.S. Highway 95; thence N86°461E 317.70 feet, parallel with the south line of the Dexter Bailey 10 ---PAGE BREAK--- 41090S tract as recorded in Book of Deeds 163, page 92, records of Latah County, Idaho, to a point on said western right-of-way line of U. S. Highway 95; thence N09°02'E 346.00 feet, along said western right-of-way line, to the southeast corner of said Dexter Bailey tract; thence continuing N09°02'E 220.00 feet, along said right-of-way line, to the southeast corner of Plot 1 of said Allen Tracts; thence continuing N09°02 'E 374.80 feet, along said right-of-way line; thence S61°03 'E 253.20 feet and crossing U. S. Highway 95 to a point on the easterly right-of-way line of said highway; thence N09°02'E 200. oo feet along said easterly right-of-way line; thence North 93.70 feet, to the northeast corner of Lot 7 of the South Palouse Tracts Addition to the City of Moscow, Latah County, Idaho as recorded in Book 4 of Plats, page 17 in the office of the county Auditor of said county and state, said point being also on the south line of a dedicated alley; thence East 302.30 feet, along the south right-of-way line of said alley; thence South 100.00 feet; thence East 100.00 feet to the east line of Section 19, T.39N. , R.5W. , Boise Meridian; thence N00°11 'E 86.99 feet to a point which is S00°11'W 472.36 feet of the northeast corner of said Section 19; thence S72°15'E 1205.47 feet; thence N87°45'E 1537.60 feet, to a point on the longitudinal centerline of Section 20, T.39N. , R.5W. , Boise Meridian; thence N00°03'W 757.41 feet to the north 1/4 corner of said Section 20; thence S89°30'24"E 2659.84 feet along the south line of Section 17, T.39N. , R.5W. , Boise Meridian, to the southeast corner of said Section 17; thence North 1514.00 feet, along the east line of the southeast 1/4 of said Section 17, to a point of intersection with a curve tangent to the northerly right-of- way line of State Highway No. 8; thence S69°17'46"E 42.38 feet, along a chord of the above curve, to a point of intersection of said northerly right-of-way line and the easterly right-of-way line of Mountain View Road, which intersection is at Highway Sta. 60+54. 7 6 as shown on the official plat of Moscow-Troy R. S. 190-A, 1935) Highway Survey on file in the office of the Transportation Department of the State of Idaho (the center of that segment of the above curve that applies to the said 42.38 foot chord bears N21 °34 '20"E having a radius of 1399.50 feet and a central angle of 01°46'07" and a length, bearing southeasterly, of 43.20 feet) thence S81°44'24"E 561.71 feet, along a chord of said curve, to a point of tangency on said northerly right-of-way line at Highway sta. 66+33. 6 (Note: At Highway Sta. 66+33.6 an equation makes the sta. ahead 82+00. 8) (the center of that segment of the above curve that applies to the said 561.71 foot chord bears N19°50'13"E having a radius of 1399.50 feet and a central angle of 23°09113" and a length, bearing southeasterly, of 565.57 feet); thence N86°41'E 1409.20 feet, along said 11 ---PAGE BREAK--- 410908 northerly right-of-way line, to a point of intersection with the east line of Lot 43 of Section 16, T.39N., R.5W., Boise Meridian, said point being at Highway Sta. 96+10.00; thence North 7.00 feet, along said east line and along said right- of-way line; thence N86°41'E 320.70 feet, along said right of-way line, to a point of curvature of a tangent curve at Highway Sta. 99+30.70; thence N86°17'46"E 51.13 feet, along a chord of said curve, to a point on said northerly right of-way line, said point being the southwesterly corner of the L. Ashbaugh property as recorded in Book 161 of Deeds, pages 13 and 16, records of Latah County, Idaho and also being at Highway Sta. 99+81.83 (the center of that segment of said curve that applies to the said 51.13 foot chord bears N03°19'W having a radius of 3780.00 feet and a central angle of 00°46 '30" and a length, bearing southeasterly, of 51.13 feet) ; thence continuing easterly along said State Highway right-of-way line along a curve to the left 608.67 feet to the west line of the Cann Tract, said curve having a radius of 3780.00 feet, a central angle of 09°13133", and a chord bearing N8P17144"E 608.00 feet; thence North along said west line 283.32 feet to the northwest corner of said cann Tract; thence East along the north line of said cann Tract 225.37 feet to the intersection with the west line of the Mullalley Tract; thence North along said west line 5.00 feet to the northwest corner of said Mullalley Tract; thence East along the north line of said Mullalley Tract 115.00 feet to the east line of Lot 45 of said Section 16; thence North along said east line 112.79 feet more or less to the southeast corner of Lot 36 of said Section 16; thence North along the east line of said Lot 36 620. oo feet to the northeast corner of said Lot 3 6; 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; thence 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 vacated right-of-way centerline 350.00 feet; thence West 280.00 feet to the northwest corner 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 of the Jabbora Tract, 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 1332.22 feet along said right-of-way; thence North 80. oo feet to the north right-of-way line of White Avenue; thence continuing North 620.00 feet 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 in the office of the County Auditor of 12 ---PAGE BREAK--- said county and state; thence N 89°28 1 E 66.00 feet, along said south line, to the southeast corner 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, office of the County Auditor of said county and state; thence N 89°221 E 320.80 feet; thence N orth 140.00 feet; thence N 89°221E 128.98 feet; thence N 61°001 E 631.22 feet; thence N 89°22'E 438.00 feet; thence N 00°41113"E 175.68 feet to a point of intersection with the southerly right-of-way of Joseph Street, said point being a point on a curve tangent to said right-of-way line; thence S72°3915111E 241.73 feet, along a chord of said curve to a point of tangency (the center of that segment of the above curve that applies to the said 241. 7 3 foot chord bears S06° 4 7 1 02"W having a radius of 660. 00 feet and a central angle of 21°0611611 and a length, bearing southeasterly, of 243.11 feet); thence S62°061 4211E 42.00 feet, along said right-of-way line, to a point of curvature of a tangent curve; thence S81°45'0611E 309.25 feet, along the long chord of said curve, to a point of tangency on said right-of-way line (the center of said curve bears N 27°53118"E having a radius of 460.00 feet and a central angle of 39°171 and a length, bearing southeasterly, of 315.39 feet); thence N 78°3611811E 305.79 feet, along said right-of-way line, to the southeast corner of Vista Addition to the City of Moscow. Latah County, Idaho, as recorded in Book 6 of Plats, page 34 in the office of the County Auditor of said county and state; thence, following the boundary line of said addition, N 00°41121"E 15.34 feet 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 proposed Moser Estates Fifth Addition to the City of Moscow, Latah County, Idaho, the plat of said addition not yet filed with the Recorder 1 s office of said Latah County; thence along said parallel line as follows: N 78°34154"E 14.17 feet; N 78°01152"E 519.59 feet; northeasterly 188.74 feet along a curve concave to the northwest, said curve having a radius of 1275. 00 feet, a central angle of 8°28153", and a chord bearing N 73°4712611E 188.56 feet; thence leaving said parallel line N 00°38127"E 26.84 feet to the southeast corner of said Moser Estates Fifth Addition; thence N 00°3812711E 43.11 feet along the easterly boundary of said Moser Estates Fifth Addition to a point on the northerly right-of-way line of Joseph street; thence southwesterly along said northerly right-of-way line 35.00 feet along a curve concave to the northwest, said curve having a radius of 1210.00 feet, a central angle of 1°3912711, and a chord bearing S69°11112"W 35.00 feet; thence N 14°43157"E 133.79 feet along said easterly boundary 13 ---PAGE BREAK--- 4100S of the Moser Estates Fifth Addition to a point on the easterly right-of-way line of a dedicated 80.00 foot wide public right-of-way as shown on the original plat of Section Sixteen, Township 39 North, Range 5 East, Boise Meridian, as recorded in Book 2 of Plats, Page 36 in the office of said Latah County Recorder; thence N00°38'27"E 1140.78 feet along said easterly right-of-way line, said line also being the westerly boundary line of the Hyden tract as described in Instrument Number 386319 recorded with said Recorder's office to the north line of said Section 16; thence N89°29138"W 40.66 feet along said north line to the southeast corner of the southwest quarter of the southeast quarter of Section 9, Township 39 North, Range 5 West, Boise Meridian, Latah county, Idaho; thence N00°29 1 30"E 1253.64 feet along the east line of said SW1/4 SE1/4 Section 9 to a point, said point bears S00°29'30"W 60.00 feet from the northeast corner of said SW1/4 SE1/4; thence N89°30'22"W 799.01 feet along a line southerly of, parallel to, and 60.00 feet distant (as measured perpendicularly) of the north line of said SW1/4 SE1/4 Section 9; thence N60°04'39"E 30.00 feet along the proposed easterly boundary of Moser Park; thence N17°41'40"W 47.17 feet along said proposed park boundary to a point on the north line of said SW1/4 SE1/4 Section 9; thence N54°5413811W 84.31 feet; thence N77•00'00"W 385.00 feet; thence N00°43'51"E 171.17 feet; thence N13°00'00"E 120.00 feet; thence N77°00'00"W 116.86 feet to a point on the west line of the northwest quarter of the southeast quarter of said Section 9; thence N00°43'51"E, along said west line, 711.58 feet to the TRUE POINT OF BEGINNING of the land herein described. Excepting therefrom the following described parcels; Parcel 1 A tract of land located in the north half of the southwest quarter of Section 9, T.39N., R.5W., Boise Meridian, Latah County, Idaho, more particularly described as follows: Beginning at a point S89°24'25"E 30.00 feet and S00°16'55"W 30.00 feet from the northwest corner of the southwest quarter of said Section 9, said point being the intersection of the south right-of-way line of Street and the east right-of-way line of Mountain View Road; thence S89°24125"E, along said south right-of-way line 1284.06 feet to the northwest corner of the David Brucks Addition to the City of Moscow, of said county and state, as shown on the plat recorded at the office of the county Auditor of said county and state; thence S04°43133"E, 464.41 feet to the southwest corner of said David Brucks Addition, said point also being 14 ---PAGE BREAK--- 41.0908 the northwest corner of Lot 1, Block 1 of the Skyview Estates Addition to the city of Moscow, of said county and state, as shown on the plat recorded with the County Auditor of said county and state; thence continuing S04 o 43 1 3 3 "E 174.64 feet to the southwest corner of said Lot 1; thence N89°481 04"W, 419.64 feet to the northwest corner of Lot 9, Block 3 of said Skyview Estates Addition; thence N87° 261 27"W, 100.22 feet; thence N89°40135"W 0.16 feet to the Northeast corner of the Janson Subdivision in the City of Moscow, of said county and state as recorded in the office of the county Auditor of said county and state; thence N89°271 24"W, along the north line of said Janson Subdivision, 200.00 feet; thence N89°151 45"W, continuing along said north line, 620.00 feet to a point on the east right-of-way line of Mountain View Road; thence N00°161 55"E, along said east right-of-way line, 635.36 feet to the point of beginning. Parcel 2 A tract of land located in the southwest quarter of the southwest quarter of Section 9 , T 3 9 N, R 5 W, Boise Meridian, Latah County, Idaho, more particularly described as follows: Beginning at a point on the south line of said Section 9, said point bearing S89°331 27"E 30.00 feet from the southwest corner of said Section 9, said point also being the southwest corner of a parcel of land described in Instrument No. 367845 as recorded in the office of the County Auditor of said county and state; thence continuing S89°33 1 27"E along said south line of Section 9, 310.00 feet to the southeast corner of said parcel; thence N00°16 1 56"E, along the East boundary of said parcel, 250.00 feet to the northeast corner of said parcel; thence N89°33 1 27"W, along the north boundary of said parcel, 310.00 feet to the easterly right-of-way line of Mountain View Road; thence S00°16156"W, along said right-of-way line, 250.00 feet to the point of beginning. Parcel 3 A tract of land located in the southwest quarter of the northeast quarter of Section 7, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, and more particularly described as follows: Beginning at the southwest corner of said southwest quarter of the northeast quarter of Section 7; thence N86° 271 OO"E 15 ---PAGE BREAK--- 253.10 feet along the south line of said southwest quarter of the northeast quarter; thence northerly 61.36 feet (60.6 feet record) along a non-tangent curve concave to the west, said curve having a radius of 100.00 feet, a central angle of 35°09'20" (29°42' record), and a chord bearing N09°47'00"W 60.40 feet; thence N60°09100"E 91.51 feet (93.0 feet record) to a point on the southwesterly right-of-way line of Sunset Drive; thence N29°51'00"W 368.35 feet along said right-of-way line to a point of curvature; thence northwesterly 192.68 feet along said curve concave to the southwest, said curve having a radius of 920.00 feet, a central angle of 12°00'0011, and a chord bearing N35°51'0011W 192.33 feet; thence continuing along said right-of-way line N4P5110011W 41.31 feet to a point on the west line of said southwest quarter of the northeast quarter of Section 7; thence S0°10'00"E 626.89 feet along said west line to the point of beginning. Parcel 4 A tract of land located in the south half of the southwest quarter of Section 9 and the southeast quarter of the southeast quarter of Section 8, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, more particularly described as follows: Beginning at the southeast corner of said Section 8; thence N00°16'55"E 660.27 feet along the east line of said Section 8 to the southwest corner of a tract of land shown as 'Parcel 1-B' on Record of survey No. 370607 on file with the Recorder's office of said county said point being the TRUE POINT OF BEGINNING; thence N89°4310511W 30.00 feet perpendicular to the east line of said Section 8 to a point on the westerly right-of-way line of Mountain View Road; thence N00°16'55"E 660.27 feet along said westerly right-of way line parallel with and 30.00 feet distant of said east line of Section 8; thence S89°43'05"E 30.00 feet, perpendicular to said east line of Section 8 to the northwest corner of the southwest quarter of the southwest quarter of said Section 9; thence S89°30124"E 2640.18 feet along the north line of the south half of the southwest quarter of said Section 9 to the northeast corner of the southeast quarter of the southwest quarter of said Section 9; thence S00°2010111W 657.97 feet along the east line of said SE1/4 SW1/4 Section 9 to the southeast corner of said 'Parcel 1-B'; thence N89°33'24"W 2639.58 feet along the south boundary line of said 'Parcel 1-B' to the TRUE POINT OF BEGINNING. Parcel 5 16 ---PAGE BREAK--- 41008 A tract of land located in the northwest quarter of the southwest quarter of Section 7, Township 39 North, Range 5 West, Boise Meridian, Latah county, Idaho, described in Warranty Deed Number 320834 filed with the Recorder's office of said county and more particularly described as follows: Beginning at the northwest corner of the southwest quarter of said Section 7; thence N86°271 E 168.00 feet along the north line of said southwest quarter; thence South 260.00 feet, parallel with the west line of said southwest quarter; thence S86°27'W 168.00 feet, parallel with the north line of said southwest quarter to the west line of said southwest quarter; thence North 260.00 feet along said west line to the point of beginning. Parcel 6 A tract of land located in the SW1/4 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 NO o 50' 25"E 1655.82 feet along the westerly line of said Section 5; thence S88°5712311E 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°4513711E 107.84 feet along said right-of way line; thence leaving said right-of-way line S88°12'08"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°03146"W 58.56 feet; thence N87°5910711W 74.56 feet to the TRUE POINT OF BEGINNING. SECTION 3: All that territory bounded and included within the lines set forth in Section 2 of this Ordinance is hereby declared and ordained to be within the Corporate limits of the City of Moscow, and to be and constitute the territory subject to the jurisdiction of the municipality of the City of Moscow, County of Latah, State of Idaho. SECTION 4: This Ordinance is an amendment to Ordinance 86-32 of the Ordinances of the City of Moscow, Idaho. 17 ---PAGE BREAK--- SECTION 5: This Ordinance repeals all ordinances or parts of ordinances in conflict with this Ordinance, insofar as said Ordinances in any way conflict with this Ordinance, are hereby repealed. SECTION 6: If any section, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this Ordinance, or the Ordinance as an entirety, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of such section, sentence, clause or phrase. SECTION 7: This Ordinance shall be in full force and effect from and after the date of its passage, approval and first publication thereof. ADOPTED this 21' day of February 1 1995. ATTEST: 18