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514407 ORDINANCE NO. 2007 - 04 AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR VACATING A DEDICATED ALLEY LOCATED WITHIN THE CITY OF MOSCOW AND LEGALLY DESCRIBED IN SECTION 1 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 1 of this Ordinance, has petitioned for vacation of said easement; and WHEREAS, on the 7'h day of May, 2007, the Mayor and City Council conducted a public hearing on this matter and determined that vacating said dedicated alley 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 ad joining 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 dedicated alley 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 dedicated alley be, and the same hereby is, vacated as of the effective date of this Ordinance, except as otherwise provided in Section 2 of this Ordinance: A dedicated alley located in the NE 114 of Section 18, Township 39 North, Range 5 West, Boise Meridian. Latah County, Idaho, and being more particularly described as follows: Commencing at the northeast comer of said Section 18; thence S0°54'28"W, 779.29 feet along the east line of said Section 18; thence departing said east line, N89°05'32"W. 229.20 feet to the easteriy right-of-way line of U.S. Highway 95; ORDJNANCE 2007 04 V ACi\TlM; A PORTION OF THE X rH STREET ALLEY PAGE i OF 2 ---PAGE BREAK--- thence N89°47'07"E, 29.11 feet to the northwest comer of Block 3 of Deakin's Second Addition to the City of Moscow; thence S88°50'39"E, 23.45 feet, along the north boundary of said Block 3, to the TRUE POINT OF BEGINNING; Thence S88°50'39"E, 20.00 feet, along said north boundary of Block 3; thence S0°58' IO"W, 56.32 feet, along the east line of a 20 foot wide dedicated alley; thence N36°36'32"W. 32.80 feet, along the southerly line of said alley; thence N0°58' IO"E, 30.39 feet, along the west line of said alley, to the north boundary of said Block 3, and the TRUE POINT OF BEGINNING. The area of said alley is 868 square feet, more or less. SECTION 2: EXCEPTIONS FROM VACATION. Vacation of property described in Section I 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 property described in Section 1 at the time of vacation be vacated to B & G Ventures, 1200 Nottingham Place, Moscow, Idaho, 83843. 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 7th day of May, 2007. ! ATTEST fi1440'( ORDINANCE 2007 04 YAC\TING A PORT!Ol\: OF THE 8-u; STREET ALLEY PAGE 2 OF2