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ORDINANCE NO. 2003-02 AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF IDAHO, PROVIDING FOR VACATING A PORTION OF AN UNDEVELOPED STREET RIGHT-OF-WAY LOCATED WITHIN THE CITY OF MOSCOW; PROVIDING THAT TITLE TO SAID VACATED RIGHT-OF-WAY SHALL VEST WITH THE OWNER OF THE ADJACENT PROPERTY; 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 north and south of and adjacent to said right-ot:way have petitioned for vacation of said right-ot:way as described in Section I of this Ordinance; and WHEREAS, on the 3'd day of February, 2003, 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 50-3 I I provides that a vacated street will revert to the owners of adjacent real property, one half to each, or as the Council deems to he 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 1: 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 portion of a 40 foot wide street right-of-way and a 22 toot wide street right-of-way as shown on the plat of South Palouse Tracts Sub-Division within the City of Moscow and recorded in Book 4 of Plats, page 17, and situated in the NE 1/4 of the NE 114 of Section 19, Township 40 North, Range 5 West, B.M., Latah County, Idaho. Beginning at the southeast corner of Lot 3 of said South Palouse Tracts Sub-Division, and the True Point of Beginning. Thence South, 40.00 feet to the northeast corner of Lot 2 of said South Palouse Tracts Sub-Division; Thence West, 245.00 feet along the north line of said Lot 2 to the northwest corner of Lot 2 and the northeast corner of Lot 5 of said South Palouse Tracts Sub-Division; Thence West, 65.00 feet along the north line of said Lot 5 to the southeast corner of a previously vacated portion of street recorded in Instrument Number 411219; Thence North, 40.00 feet to the northeast corner of said parcel described in Instrument Number 411219. Said point also being on the south line of Lot 4 of said South Palouse Tracts Sub-Division; Thence East, along said south line, I 05.00 feet to the southeast corner of said Lot 4; Thence North 25.00 feet to a point 15.00 feet south of the northeast comer of said Lot 4; Thence East 22.00 feet to a point 15.00 feet south of the northwest comer of Lot 3 of said South Palouse Tracts Sub-Division; Thence South 25.00 feet to the southwest comer of said Lot 3; Thence East, 183.00 feet along the south line of said Lot 3 to the True Point of Beginning. ---PAGE BREAK--- SECTION ll: The Council finds it in the public interest that ownership of the above described parcel of! and be, and the same hereby is granted to the owner of the adjoining property. SECTION III: This Ordinance shall be in full force and effect atl:er its passage, approval and publication according to law. PASS ED by the Mayor and City Council and APPROVED by the Mayor the 3"1 day of February 2003. I