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5840<:4 NO ORDINANCE NO. 2017 -02 AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR THE VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY LOCATED WITHIN THE CITY OF MOSCOW AND LEGALLY DESCRIBED IN SECTION 1 OF THIS ORDINANCE; PROVIDING THAT TITLE TO SAID VACATED RIGHT-OF-WAY SHALL VEST WITH THE OWNERS OF THE PROPERTY AS SPECIFIED IN SECTION 3 OF THIS ORDINANCE; AND PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. WHEREAS, the right-of-way described in Section 1 of this Ordinance currently exists as platted by the Sunnyside Addition and dedicated to the City of Moscow, as recorded in Book 9, Page 45 of Deeds with Latah County; and WHEREAS, it is currently proposed that such right-of-way be vacated; and WHEREAS, the owner of the property located adjacent to the proposed area of vacation described in Section 1 of this Ordinance, Nethaniel Ealy, has petitioned for vacation of said right-of-way; and WHEREAS, Idaho Code Section 50-311 provides that a vacated property 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, Petitioner is the only adjoining property owner to proposed right-of-way to be vacated; and WHEREAS, the right-of-way described in Section 1 of this Ordinance was originally received by the City from the adjoining properties to the south; and WHEREAS, on the 2!81 day of February, 2017, 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, the Council deems it to be in the best interests of the adjoining properties to have the vacated right-of-way revert to the property owner of the properties from which the original dedication of right-of-way was received by the City; and NOW THEREFORE, be it ordained by the Mayor and City Council of the City of Moscow as follows: SECTION 1: VACATION. The following described public right-of-way be, and the same hereby is, vacated as of the effective date of this Ordinance: ORDINANCE 2017 - 02 EIGHTH STREET RIGHT-OF-WAY VACATION PAGE 1OF3 ---PAGE BREAK--- That portion of platted dedicated public right-of-way known as Eighth Street located within the City of Moscow, Latah County, Idaho, described as follows: A portion of Right-of-Way located in the NE l;4 of the NW l;4 of Section 17, T.39N., R.5W., B.M., Block 5 of Sunnyside Addition to the City of Moscow, Latah County, Idaho, more particularly described as follows: The South ten feet (10') of Lot 1 of Block 5. Said portion contains 1,250 sq. ft., more or less. SECTION 2: EXCEPTIONS FROM VACATION. Vacation of property described in Section 1 of this Ordinance and shown in Exhibit attached hereto shall not include existing franchise rights and utilities or existing public utilities as of the effective date of this Ordinance. SECTION 3: RIGHT-OF-WAY VACATION. The Council finds it expedient for the public good and deems it to be in the public interest of the adjoining properties that Nethaniel Ealy, P 0 Box 9746, Moscow, Idaho, 83843, as the current owner of all adjoining property to the south of the property described in Section 1, receive the property described in Section 1 at the time of vacation, with said property assigned to the adjacent Lot 2 of Block 5 of Sunnyside Addition. SECTION 4: EFFECTIVE DATE. This Ordinance shall be effective upon its passage, approval, and publication according to law. PASS ED by the Mayor and City Council and APPROVED by the Mayor the 21st day of February, 2017. ORDINANCE 2017 - 02 EIGHTH STREET RIGHT-OF-WAY VACATION PAGE20F3 ---PAGE BREAK--- EXHIBIT EIGHTH STREET RIGHT OF WAY VACATION Propc.5...d Vacaon Area ORDINANCE 2017 - 02 EIGHTH STREET RIGHT-OF-WAY VACATION PAGE3 OF3