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ORDINANCE NO. 2008 - 13 AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR THE VACATION OF A PORTION OF A PUBLIC UTILITY EASEMENT LOCATED WITHIN THE CITY OF MOSCOW AND LEGALLY DESCRIBED IN SECTION 2 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 easement (a portion of which is described in Section 2 of this Ordinance) was created by and is described in City of Moscow Ordinance No. 1158; and WHEREAS, it is currently proposed that a portion of such easement be vacated; and WHEREAS, the owner of the property subject to the above mentioned easement, including the proposed area of vacation, said area being described in Section 2 of this Ordinance has petitioned for vacation of said easement; and WHEREAS, in the opinion of the Council, the easement described in Section 2 of this Ordinance would no longer be necessary, expedient, or prudent for the City to retain because all utilities once located within said easement have been relocated to another existing public utility easement; and WHEREAS, on the 161h day of June, 2008, the Mayor and City Council conducted a public hearing on this matter and determined that vacating said public utility easement is expedient for the public good; and WHEREAS, Idaho Code, Title 50, Chapter 13, Section 50-1306A states that "[i]n the case of easements granted for gas, sewer, water, telephone, cable television, power, drainage, and slope purposes, public notice of intent to vacate is not required"; NOW THEREFORE, be it ordained by the Mayor and City Council of the City of Moscow as follows: SECTION 1: FINDINGS. The City finds it to be in the City's best interest and expedient for the public good to vacate that portion of the easement described at Section 2 of this Ordinance because the sewer main originally located within the easement to be vacated has been relocated, obviating the need for this easement. The City hereby finds that the portion of the public utility easement described in Section 2 and the same hereby is vacated as of the effective date of this Ordinance. SECTION 2: VACATION. The following described portion of the public utility easement be, and the same hereby is, vacated as of the effective date of this Ordinance: ORDINANCE 2008 • 13 MOORE'S ADDITION Rt>PLAT VACATION PAGFIOF2 ---PAGE BREAK--- A portion of a 20.00 foot wide public utility easement created by City of Moscow Ordinance No. 1158, and situated in Block I of the Re-Plat of Moore's Addition to the City of Moscow, Idaho, recorded in Book 3 of Plats, page 29, records of said Latah County, with said portion shown on the attached 'Exhibit A' and being more particularly described as follows: Beginning at the southeast comer of Lot I of said Block I; thence N00°57'50"E 232.98 feet along the west line of a vacated platted alley as shown on said re-plat, to the southerly line of an existing public utility easement described in Instrument No. 521545 records of said Latah County; thence along said existing easement, S54°45'48"E 24.20 feet to the east line of said platted alley; thence along said east line, S00°57'50"W 219.31 feet to the southwest comer of Lot 16 of said Block 1; thence N89°09' I O"W 20.00 feet to the point of beginning. SECTION 3: 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 l 61h day of June, 2008. ATTEST ORDINANCE 2008 - 13 Nancy" Chaney,. Mityor · MOORE'S ADDITION RE-PLAT VACATION PAGE 20F 2 ---PAGE BREAK--- 1- w w I z SECTION 8, T.39N., R5W.,B.M. ALLEY VACATED RESERVING 20' WIDE PUBLIC UTILITY EASEMENT, ORO. N0.1158 LOT8 LOT7 STREET LOT9 LOT10 S89o09'10"E__,_ zo.oo· 15' WIDE PUBLIC . UTILITY EASEMENT 1 125,00' 0 G ; r{1•l LOT 11 r-Q-:?,iSB;:,9':i,'09:_;:'10i.,i'E..__R..i,1"'2:ioil:l:, S \ - f _ " ' ' ' J LOT6 , ' l 1 Moscow MAIN L.L.C. v / : F PROPERTY BOUNDARY ! f5 LOT4 r/ / LOT13 / 20' WIDE PUBLIC i v / UTILITY EASEMENT _j 2 INST. NO. 521545_...,..- ! LOT3 rn 3 ? I' 8 HI/ / r 1 LOT 14 , vr;:l / / ! 20' WIDE PUBLIC UTILITY EASEMENT I TO BE VACATED _ / 20' LOT2 r LOT 15 . 1 / / / POINT OF BEGINNING-----... rA{of N89"09'10"W 270.00 STREET EXHIBIT PUBLIC UTILITY EASEMENT TO BE VACATED CITY OF MOSCOW ENGINEERING DEPARTMENT MAY 2008 ! ! i ! ! ! ! ! ) ' LATAH COUNTY, IDAHO SCALE: 1" =50'