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ORDINANCE NO. 90-01 AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF IDAHO; PROVIDING FOR THE AMENDMENT OF ORDINANCE NO. 89- 13; PROVIDING THAT LANDS DESCRIBED IN SECTION 2 OF THIS ORDINANCE BE ANNEXED TO THE CITY OF MOSCOW; PROVIDING THAT LANDS DESCRIBED IN SECTION 2 OF THIS ORDINANCE BE ZONED AS SET FORTH IN ORDINANCE NO. 89-13; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE BE DEEMED SEVERABLE; PROVIDING FOR THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. WHEREAS, it has been determined through a survey of the property that the legal description contained in ORDINANCE No. 89-13 should be amended. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL AS FOLLOWS: as as SECTION 1: to the legal set forth in That Ordinance description for said ordinance. No. 89-13 is hereby amended annexing land into the City SECTION 2: DESCRIPTION: This ordinance shall apply to the annexation of the following described parcel of land located in Moscow, Latah County, Idaho, to wit: A tract of land located in the east half of Section 5, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, more particularly described as follows: Beginning at a point on the north line of the southwest quarter of the southeast quarter of said Section 5, said point being N 89° 44' W, 14.61 feet from the northeast corner of the southwest quarter of the southeast quarter of said Section 5; thence N 89° 44' W, along said north line, 217.39 feet to a point, said point being the southwest corner of the Johnson tract as described in Instrument No. 247830 as recorded by the Latah County Recorder, Latah County Courthouse, Moscow, Idaho; thence following the boundary of said Johnson tract as follows: north, 80.0 feet; east, 50.0 feet; north, 45.0 feet; east, 11.0 feet to the southwest corner of the Susa tract as described in Instrument No. 366117 as recorded by said Latah County Recorder; thence following the boundary of said Suza tract as follows: north, 28.0 feet; west, 173.0 feet; north, 190.0 feet; S 81° 23' 28" E, 314.54 feet to the point of intersection with the west right-of-way line of Orchard Avenue, said right-of-way line running parallel to and 33.0 feet west of the west line of the ---PAGE BREAK--- northeast quarter of the southeast quarter of said Section 5; thence North, along said west right-of-way line, 1023.16 feet to the point of intersection with the north line of the northwest quarter of the southeast quarter of said Section 5; thence north, continuing along said right-of-way line, 495.0 feet, parallel to and 33.0 feet from the west line of the southeast quarter of the northeast quarter of said Section 5; thence east, along said right-of-way line, 8.0 feet; thence north, continuing along said right-of way line, 495.0 feet, parallel to and 25.0 feet from said west line of the southeast quarter of the northeast quarter; thence west, along said right-of-way line, 5.0 feet; thence north along said right-of-way line, 1452.0 feet, parallel to and 30.0 feet from the west line of the west half of the northeast quarter of said Section 5, to the north line of said Section 5; thence east, along said north line, 30.0 feet to the northwest corner of the northeast quarter of the northeast quarter of said Section 5; thence continuing east, 660.0 feet to the northwest corner of the Trail tract as described in Instrument No. 268495 as recorded by said Latah County Recorder; thence south, along the west boundary of said Trail tract, 1534.50 feet to the point of intersection with the centerline of Trail Road, said point being 907.50 feet north and 660.0 feet east of the southwest corner of the southeast quarter of the northeast quarter of said Section 5; thence continuing south, 29.23 feet to the point of intersection with the south right-of-way line of said Trail Road; thence S 58° 46' 54" W, along said south right-of-way line, 270.11 feet; thence south 944.52 feet, along the east right-of-way line of said Trail Road; thence west, along the south right-of-way line of said Trail Road, 99.0 feet; thence south, along the west boundary of said Trail tract, 480.75 feet; thence S 37° 48' 1911 E, along the westerly boundary of said tract, 797.04 feet to the point of intersection with the north line of the southeast quarter of the southeast quarter of said Section 5; thence east, 500.0 feet to the northeast corner of the southeast quarter of the southeast quarter; thence south, along the east line of said Section 5, 165.0 feet to the northeast corner of the Maurin tract as described in Instrument No. 269235 as recorded by said Latah County Recorder; thence west, along the north line of said Maurin tract, 1290.0 feet to the point of intersection with the east right-of-way line of Orchard Avenue; thence south, along said east right-of-way line, 210.0 feet, parallel to and 30.0 feet east of the west line of the southeast quarter of the southeast quarter of said Section 5; thence S 07° 07' 30" E, 120.93 feet along an easement as described in Instrument No. 285532 as recorded by said Latah County Recorder; thence s 89° 55' w, along ---PAGE BREAK--- said easement, 15.0 feet; thence continuing S 89° 55' w, 38.03 feet to a point on the west right-of-way line of Orchard Avenue, said point being the southeast corner of Lot 1, Block 2 of the Grand View Addition to the City of Moscow as shown on the recorded plat thereof; thence N 0° 36' W, along the east boundary of said Grand View Addition, 491.76 feet to the point of beginning. SECTION 3: ANNEXATION: That the lands described in Section 2 of this ordinance be and the same hereby are annexed to the city and declared a part of the City of Moscow. SECTION 4: ZONING: The zoning of the above described property shall remain as described in Ordinance No. 89-13. SECTION 5: The City Engineer is hereby directed to make the necessary amendments to the official map which is on file at city Hall. SECTION 6: SEVERABILITY: The provisions of this ordinance shall be deemed severable and the invalidity of any provision of this ORDINANCE shall not affect the validity of any remaining provision. SECTION 7: EFFECTIVE DATE: This ordinance shall be effective upon its passage, approval and publication according to law. APPROVED by the Mayor and PASSED by the Council this 22nd day of January, 1990. . Paul c. Agidiuayor ATTEST: ---PAGE BREAK--- P. 0. BOX 92.03 122 EAST FOURTH ST. MOSCOW. IDAHO 83843 TELEPHONE 882.-5553 AREA CODE: 208 I, Elaine Russell, City Clerk of the City of r,loscow, Idaho do hereby certify that this is the original Ordinance No, 90-01 adopted by the City Council and Mayor of the City of Moscow, Witness my hand and seal this 25th day of January, 1990. Elaine Russell, City Clerk