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ORDINANCE NO. 2014 - 08 No : 6 . 0 t 5 . ,.AT THE REQUEST OF: Cl .i£tllafCll4.r Al' - & HOUR . U, AN PETERSEN LATAH t:QUNTY FEE$ B7T AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR THE VACATION OF PUBLIC PARKLAND LOCATED WITHIN THE CITY OF MOSCOW AND LEGALLY DESCRIBED IN SECTION 1 OF THIS ORDINANCE; PROVIDING THAT TITLE TO SAID VA CA TED PARKLAND SHALL VEST WITH THE OWNER OF THE PROPERTY AS SPECIFIED IN SECTION 3 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 parkland described in Section 1 of this Ordinance currently exists as platted by Indian Hills 6th Addition as recorded with Latah County; and WHEREAS, it is currently proposed that such parkland be vacated; and WHEREAS, pursuant to the MOU 2014 between the City of Moscow, Idaho and Thompson Development, LLC, Developer of Indian Hills 6Lh Addition Phase 2, the Parties agreed to vacate certain area of the current dedicated parkland in the Indian Hills 6111 Addition Phase 2; and WHEREAS, on the 2nd day of June, 2014, the Mayor and City Council conducted a public hearing on this matter and determined that vacating said public park land is expedient for the public good; 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, the parkland described in Section 1 of this Ordinance was originally received by the City from the adjoining properties to the east; and WHEREAS, the Council deems it to be in the best interests of the adjoining property to have the vacated parkland revert to the property owner of the property 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 parkland be, and the same hereby is, vacated as of the effective date of this Ordinance: The eastern 10.33 feet of parkland bordering Lots 8 and 9 of Block 6 of Indian Hills 6th Addition, located within the City of Moscow, Latah County, Idaho. Said parkland contains 1, 789 square feet, more or less. ORDINANCE 2014-08 INDIAN HILLS 6TH ADDITION PARKLAND VACATION PAGE 1 OF2 ---PAGE BREAK--- SECTION 2: EXCEPTIONS FROM VACATION. Vacation of property described in Section 1 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: PARK LAND VACATION. The Council finds it expedient for the public good and deems it to be in the public interest of the adjoining properties that Thompson Development, LLC, Moscow, Idaho, 83843, as the current owner of the adjoining property to the west, receive all of the property described in Section 1 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 2nd day of June, 2014. ORDINANCE 2014- 08 . si;4rrar· - INDIAN HILLS 6TH ADDITION PARKLAND VACATION PAGE20F2