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ORDINANCE NO. 2006-18 ;)UlJ6{tJ AT THE REQUEST OF: C< mar,.,r oXEHOUR>;:>7 ;o.rz·afR v & SUSAN Pt:TER:SEi'f LATAH COUNTY RECORDER FEE$ fl BY ..tAt t"f> $ AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR VACATING A PORTION OF ROLLING HILLS #7 LOCATED WITHIN THE CITY OF MOSCOW AND LEGALLY DESCRIBED IN SECTION I OF THIS ORDINANCE; PROVIDING THAT TITLE TO SAID PUBLIC UTILITY EASEMENT 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 owner of the proposed area of vacation, said area being described in Section I of this Ordinance, has petitioned for vacation of said easement; and WHEREAS, on the 16'" day of October, 2006, 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 franchise rights and utilities or existing public utilities or improvements, as of the time of the vacation; 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, property owners in the immediate vicinity were notified of the request for vacation by mail; and WHEREAS, following a duly noticed public hearing, the Council deems it to be in the best interests of the adjoining property to have the vacated right-of-way revert to the property owner who made the original dedication of easement; 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 utility easement be, and tht same hereby is, vacated as of the effective date of this Ordinance, except as otherwise provided in Section 2 of this Ordinance: All of that portion of the thirty foot (30') wide public utility easement platted within, and along the southerly boundary, of Lot 25, Block 3 of the Rolling Hills Addition, excepting there from the easterly ten feet (I of said easement. SECTION 2: EXCEPTIONS FROM VACATION. Vacation of property described in Section l 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: VACATION ALL TO OWNER. Council finds it expedient for the public good and deems it to be in the public interest of the adjoining properties that the propeny described in Section I at the time of vacation be vacated to Itani Development I, LLC, SW 1515 Wadleigh Dr., Pullman, WA, 99163 VACATION OF CTILITY EASE:VlENT ROLLING HILLS ;m PAGf-: I OF2 ---PAGE BREAK--- 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 16'h day of October, 2006. ATTEST ORDINANCE 2006 18 VACATIO!'\ OF UTILITY EASEME!'\T ROLU!'\G HILLS