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ORDINANCE NO. 2004-29 AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR VACATING A PORTION OF LILLY STREET RIGHT-OF-WAY LOCATED WITHIN THE CITY OF MOSCOW AND GENERALLY LOCATED NORTH OF SIXTH STREET AND SOUTH OF FIFTH STREET AND 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 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 owners of property adjacent to Lilly Street right-of-way which is described in Section I of this Ordinance have petitioned for vacation of said right-of-way; and WHEREAS, on the 7'h day of June, 2004, 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 rights-of-way, easements, franchise rights and utilities or existing public utilities or improvements (including the existing public sidewalk), as of the time of the vacation; and WHEREAS, Idaho Code Section 50-311 provides that a vacated street will revert to the owners of adjacent real property, one half ( 1/2) 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 one half ( 1/2) to each adjacent property owner; 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: All that portion of Lilly Street being sixty (60) feet wide and lying between the railroad right of ways, commonly known as the Union Pacific Railroad on the north and the Northern Pacific Railroad on the south. The east line of said portion of Lilly Street is adjacent to lots 23 through 27, block 6 of Lieuallens Addition to the City of Moscow. Containing approximately 4080 square feet, more or less. SECTION 2: EXCEPTIONS FROM VACATION. A. 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. ORDINANCE 2004 29 LILLY STREET Y V ACAT!ON PAGE I OF2 ---PAGE BREAK--- B. City retains and shall not vacate public utility and public access easement on the easterly twenty feet (20') of property described in Section 1 of this Ordinance, and as shown in Exhibit A attached hereto. SECTION 3: VACATION ONE HALF (1/2) 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 vacation. SECTION 4: 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 day of June, 2 ATTEST ORDINANCE 2004 29 LiLLY STREET RIGHT-Of-WAY V ACATJON PAGE20F2 ---PAGE BREAK--- ( " 44 ! 43 ! 42 " r:n 41 40 - 39 38 37 Scale: 1" = 60' 36 34 33 60' LILLY ST. 32 R/W . Limits of 31 Vocation 30 Existing City Waterline SIXTH STREET EXHIBIT 01 , 8 0 . N I 8 2 "g i g 1 2 7 8 9 10 11 12 13 14 18 22