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401803 ORDINANCE NO. 93-32 AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF IDAHO, PROVIDING FOR VACATING A PORTION OF 6TH STREET RIGHT -OF WAY LOCATED BETWEEN MOUNTAIN VIEW ROAD AND HATHAWAY STREET WITHIN THE CITY OF MOSCOW; PROVIDING THAT TITLE TO SAID VACATED RIGHT-OF-WAY SHALL VEST WITH THE OWNERS OF ADJACENT PROPERTIES LOCATED TO THE SOUTH OF SAID VACATED RIGHT-OF-WAY; PROVIDING THAT CERTAIN EASEMENTS BE RETAINED BY THE CITY OF MOSCOW IN SAID PROPERTY; PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROMAND AFTER PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. WHEREAS, owners of property located adjacent to the dedicated 6th Street right-of-way between Mountain View Road and Hathaway Street, have petitioned for vacation of said right-of-way within the City of Moscow; and WHEREAS, on the 6th day of December, 1993, the City Council conducted a public hearing on this matter and determined that vacating said public street right-of-way was in the public interest; and WHEREAS, Idaho Code Section 50-311 provides that a vacated street will revert to the owners of adjacent real property, one-half to each, or the Council deems to be in the best interests of the adjoining properties; and WHEREAS, the 6th Street right-of-way located between Mountain View Road and Hathaway Street was originally taken from the adjoining properties to the south; NOW, THEREFORE, be it ordained by the Mayor and City Council of the City of Moscow as follows: SECTION 1: That the following-described public street right-of-way be, and the same hereby is vacated, except for easements described elsewhere in this ordinance, as of the effective date of this Ordinance: A tract of land located in the north half of the northwest quarter of Section 16, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, more particularly described as follows: Beginning at the northwest comer of said Section 16, thence S 89°36'24" E, along the north line of said Section 16, 40.00 feet to the easterly right-of-way line of Mountain View Road and the TRUE POINT OF BEGINNING; thence S 0°53'21" ---PAGE BREAK--- 401 09 W, along said right-of-way line, 40.00 feet to the northwest comer of Lot 8 of said Section 16 as shown on the original recorded plat of said Section 16; thence S 89° 36'24" E, along the north line of said Lot 8 and Lot 7 of said plat, parallel to and 40.00 feet distant from said north line of Section 16, 878.24 feet to the westerly boundary line of the Meadow Brook Addition to the City of Moscow as shown on the recorded plat thereof; thence N 0°31 '14" E, along said westerly boundary line, 10.00 feet to the northwest comer of Lot 1, Block 3 of said Meadow Brook Addition; thence S 89°36'24" E, along the north boundary line of said Lot I and along the north boundary line of Block 2 of said Meadow Brook Addition, parallel to and 30.00 feet distant from said north line of Section 16, 1174.81 feet to the northwest comer of Lot 1, Block 1 of the Vista Addition to the City of Moscow as shown on the recorded plat thereof; thence S 89°36'24" E, along the north line of said Lot I, parallel to and 30.00 feet distant from said north line of Section 16, 115.00 feet to the northeast corner of said Lot I, said point also being on the westerly right-of-way line of Hathaway Street; thence N 0°53'21" E, along said westerly right-of-way extended, 30.00 feet to a point on said north line of Section 16, said point being N 89°36'24" W 430.88 feet from the northeast comer of the northwest quarter of said Section 16; thence N 89°36'24" W, along said north line of Section 16, 2167.98 feet to the TRUE POINT OF BEGINNING. Said tract contains I. 7 acres, more or less. SECTION 2. The Council finds it in the best interest that ownership in the above described parcel of land be, and the same hereby is granted to the owners of the adjoining properties located to the south of said vacated right-of-way, subject to Section 3 of this Ordinance. SECTION 3. That the City of Moscow retains utility easements necessary for the maintenance of any existing utilities located within the aforementioned property and specifically retains the right to enter this property to service such utilities. No person shall construct any building upon this easement. SECTION 4. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED by the City Council and APPROVED by the Mayor this 20th day of December , 1993. Paul C. Agidius, Mayor 2