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ORDINANCE NO. 2001-05 AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF IDAHO, PROVIDING FOR VACATING A PORTION OF SIXTH STREET RIGHT-OF-WAY LOCATED WITIUN THE CITY OF MOSCOW; PROVIDING THAT TITLE TO SAID VACATED RIGHT-OF WAY SHALL VEST WITH THE OWNER OF THE ADJACENT PROPERTY; 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 property located south of and adjacent to the Sixth Street right-of-way has petitioned for vacation of a portion of said right-of-way as described in Section I of this Ordinance; and WHEREAS, on the 2nd day of April, 2001, the Mayor and City Council conducted a public hearing on this matter and determined that vacating said public 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 as the Council deems to be in the best interests of the adjoining properties. NOW THEREFORE, be it ordained by the Mayor and City Council of the City of Moscow as follows: SECTION I: That the following described public street right-of-way be, and the same hereby is vacated as of the effective date of this ordinance: A portion of Sixth Street right-of-way located in McGregor's Second Addition to the City of Moscow, Latah County, Idaho, more particularly described as follows: Beginning at the northwest corner of Lot I, Block I, of McGregor's Second Addition; Thence Nortb, 5. 00 feet; Thence East, 85.50 feet; Thence South, 5. 00 feet; Thence West, 85.50 feet to the True Point of Beginning SECTION 2: The Council finds it in the public interest that ownership of the above described parcel of land be, and the same hereby is granted to the owner of the adjoining property. SECTION 3: This Ordinance shall be in full force and effect after its passage, approval and publication according to law. PASSED by the Mayor and City Council and APPROVED by the Mayor this 2nd day of April 2 1/ tL!j . / X. : Vt,·::t!I 'Christine Bainbridge, City Clerk Ordinance 2001-05 ---PAGE BREAK--- ENGINEERS • PLANNERS • lANDSCAPE ARCHITECTS • SURVEYORS March 2, 2001 Dale Pernula Community Development Director City of Moscow Moscow. ID 83843 Re: Vacation Request, 602 South Adams Dear Dale: I am writing again concerning the property at 602 South Adams in Moscow. After some discussion with my clients they have decided to request a vacation of a portion of 61h Street in lieu of the encroachment agreement earlier requested. Specifically, they would like to request vacation of a strip live feet in width along the north side of their property. The legal description of this property would be as follows: Beginning at the northwest corner of Lot 1, Block 1, of McGregor's Second Addition; Thence North, 5.00 feet; Thence East, 85.50 feet; Thence South, 5.00 feet; Thence West, 85.50 feet to the True Point of Beginning. The reason they have revised their request is that they feel any encroachment agreement would be too complicated and confusing to future property owners. I am enclosing a check for $300.00 to cover the cost of the vacation application. Please process this request at your earliest convenience. Thank you for your assistance. Sincerely, J/ .'yC r Larry J Hodge. Principal Cc: Karen Stubbs, Moscow Realty PETITIONº KEEP WITH ORDINANCE PO. Box 8728 Moscow, ID 83843-1228 Tel: (208) 882·3520 Fax: (208) 882-2622 E-mail: [EMAIL REDACTED] MICHAEL J. TH0;1PSON ASSOCIATE ---PAGE BREAK--- MEMORANDUM DATE: TO: FROM: COPY: March 29, 2001 Mayor and City Council Joel D. Plaskon, Assistant City Planner j?Dr::' File: 61" Street right-of-way vacation request for 602 S Adams Street RE: Street right-of-way vacation request for 602 S Adams Street The community Development Department has received a request that a 5x85 Y. foot strip of street right-of-way be vacated as per the attached letter from Larry Hodge. The reason for this request is the fact that the house at 602 S Adams Street is built 5 feet into the 6th Street right-of-way. The Street right-of-way is 80 feet wide, and the street itself appears to be 32 feet wide with sidewalks existing on both sides. While the city does not often require full use of 80-foot rights-of-way and the applicant is requesting that only 5 of that 80 feet be vacated, the subject matter deserves careful consideration. Sixth Street is designated as a collector's street on the Comprehensive Plan map. The Comprehensive Plan, further states that it "is a major corridor for cross town local traffic". As Street continues to carry more and more traffic in its role as a collector or arterial street, the possibility of having to increase the width of the street will increase. The house at 602 S Adams Street encroaches into the Street right-of-way at that location, which requires the greatest amount of right-of-way to accommodate street widening. This is because the ground slopes up-hill from the sidewalk to the house which would require the creation of a new slope further to the south (toward the house) or the construction of a retaining wall in close proximity to the north wall of the house. It is generally not desirable to have to construct a retaining wall close to a foundation of a building because it could result in damage to the foundation wall. The City would not want to be responsible for any such damage. Planning Department staff recommendation is to either deny the right-of-way vacation request, or approve a vacation of only that portion of the right-of-way in which the house is built and do so conditioned upon the property owner entering into a hold harmless agreement and agreeing that if relocated or destroyed beyond 70% of the replacement and that the land be re-dedicated a right-of-way subject to satisfaction of the City Attorney. ---PAGE BREAK--- NOTICE OF PUBLIC HEARING Vacation of a Portion of 6'h Street Right-of-Way A public hearing at which you may be present and speak will be conducted before the Mayor and City Council at which time the following proposition will be considered: Vacation of 5' x 85.5' of 6'h Street Right-of-Way located on the south side of 6'h Street extending east from Adams Street (see map below) HEARING DATE AND TIME: Monday, April 2, 2001, at 7:30 p.m. HEARING LOCATION: Council Chambers, Second Floor, Moscow City Hall, 206 East Third Street, Moscow, Idaho. The complete file on this matter is available for public inspection at the Community Development Department located in the Paul Mann Building, 221 E 2"d Street, Moscow, Idaho. Christine Bainbridge, City Clerk Publish: March 17, 2001 and March 24, 2001 z SIXTH NOT TO liCAU! ---PAGE BREAK--- . and Grace Johnston Adams Street .lOSCOW, ID 83843 rhomas and Anita Scott 526 S Adams Vloscow, ID 83843 :\ric Eberhard '0 Box 3600 :amp Verde, AZ 86322 'ohn Hasko 130 E. Street Vloscow, ID 83843 'hillip Tenwick >27 SAdams Vloscow, ID 83843 :harles Thompson !04 E. Street Vloscow, ID 83843 ->lltah County ->lltah County Courthouse '0 Box 8068 Vloscow, ID 83843 §ce Luschnig !25 E. Street Vloscow, ID 83843 3renda Leapheart ;22 S Van Buren Vloscow, ID 83843 Address Labels "Uce Haglund v!O S Adams Moscow, ID 83843 Robert Yankey 402 E 7th Street Moscow, ID 83843 Katherine Szabo 433 E. 6th Street Moscow, ID 83843 Kelly Harkins 504 N Grant St Moscow, ID 83843 Roger W. Harder Rev. Living Trust 314E. ¦Street Moscow, ID 83843 UDC Prop LLC PO Box8477 Moscow, ID 83843 Patrick Nunan PO Box355 Troy, ID 83871 Richard Beebe P0Box9556 Moscow, lD 83843 Marlin Million 18 Richards Ave Greenville, SC 92617 ifford Robertson oi4 S Adams Moscow, ID 83843 Andrew Schwan 514 S Polk Apt #6 Moscow, lD 83843 Lana Weber 428 St Moscow, ID 83843 Steven Cox 440 E. Street Moscow, ID 83843 Donald Gillming 1395 Thompson Road Sandpoint, ID 83864 Taylor Commercial Ent P0Box247 Tremonton, UT 84337 Warren Parkinson 319 E. Street Moscow, ID 83843 Nancy Taylor, LLC 1024 Rocky Rd Potlatch, ID 83855 Larry Hodge 405 S Washington St Moscow, ID 83843 19, 2001. laser ---PAGE BREAK--- April4 , 2001 Latah County Auditor's Office PO Box 8068 Moscow, ID 83843 RE: Recording of Documents Dear Auditor: Enclosed for recording, please find: Ordinance NO. 2001-05 , Vacating a portion of Sixth Street Please return the document to this office after recording. Thank you for your assistance. Sincerely, Chris Bainbridge City Clerk /cb Encs. cc: County Assessor's office Main City Han Paul Mann Building P.O. Box 9203, Moscow, 10 83843-1703 206 East 3rd Street 221 East 2nd Street Phone (208) 88307000 Phone (208) 883-7000 Hearing Impaired (208) 883-7019 Fax (208) 883-7018 Fax (208) 883-7033 ---PAGE BREAK--- INTEROFFICE MEMORANDUM TO: RANDY FIFF, CITY ATTORNEY FROM: CHRIS BAINBRIDGE, CITY CLERK SUBJECT: ORDINANCE NO. 2001-05 DATE: 05/07/01 CC: JOEL PLASKON Due to scrivener's errors, please note the following changes to the section containing the legal description in Ordinance 2001-05: A portion of Sixth Street right-of-way located in McGregor's Second Addition to the City of Moscow, Latah County, Idaho, more particularly described as follows: Beginning at the northwest corner of Lot 1, Block 1, of McGregor's Second Addition to the City of Moscow Latah County Idaho as recorded in Book 2 of Plats pag)' 9 with the Recorder's office of said County; Thence North, 5.00 feet; Thence East, 85.50 feet. parallel with the south right-of-way line of Sixth Street: Thence South, 5.00 feet to said south right-of-way lines; Thence West, 85.50 feet along said south right-of-way line to tbe True Point of Beginning Revised copies of Ordinance 2001-05 are attached. Also please note that since this wa.' already recorded, it will be re-sent to the County for a new recording. ---PAGE BREAK--- ORDINANCE NO. 2001 -05 AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF IDAHO PROVIDING FOR VACATING A PORTION OF SIXTH STREET RIGHT-OF-WAY LOCATED WITHIN THE CITY OF MOSCOW; PROVIDING THAT TITLE TO SAID VACATED RIGHT-OF WAY SHALL VEST WITH THE OWNER OF THE ADJACENT PROPERTY; 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 property located south of and adjacent to the Sixth Street right-of-way has petitioned for vacation of a portion of said right-of-way as described in Section I of this Ordinance; and WHEREAS, on the 2nd day of April, 200 I , the Mayor and City Council conducted a public hearing on this matter and determined that vacating said public 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 as the Council deems to be in the best interests of the adjoining properties. NOW THEREFORE, be it ordained by the Mayor and City Council of the City of Moscow as follows: SECTION I: That the following described public street right-of-way be, and the same hereby is vacated as of the effective date of this ordinance: A portion of Sixth Street right-of-way located in McGregor's Second Addition to the City of Moscow, Latah County, Idaho, more particularly described as follows: Beginning at the northwest comer of Lot 1, Block I, of McGregor's Second Addition to the City of Moscow, Latah County, Idaho, as recorded in Book 2 of Plats, page 9 with the Recorder's office of said County; Thence North, 5.00 feet; Thence East, 85.50 feet, parallel with the south right-of-way line of Sixth Street; Thence South, 5.00 feet to said south right-of-way lines; Thence West, 85.50 feet along said south right-of-way line to the Tme Point of Beginning SECTION 2: The Council finds it in the public interest that ownership of the above described parcel of land be, and the same hereby is granted to the owner of the adjoining property. SECTION 3 : This Ordinance shall be in full force and effect after its passage, approval and publication according to law. PASSED by the Mayor and City Council and APPROVED by the Mayor this 2nd day of April 200 I. Marshall H. Comstock, Mayor ATTEST: Christine Bainbridge, City Clerk Ordinance 2001-05