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ORDINANCE NO. 2008 - 02 AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR THE VACATION A PUBLIC RIGHT-OF-WAY LOCATED WITHIN THE CITY OF MOSCOW AND LEGALLY DESCRIBED IN SECTION 2 OF THIS ORDINANCE; PROVIDING THAT TITLE TO SAID VACATED RIGHT-OF WAY 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 right-of-way described in Section 2 of this Ordinance currently exists as described in the corrected Deed of Dedication on file with Latah County (Latah County Recording Number 429156); and WHEREAS, it is currently proposed that such right-of-way be vacated; and WHEREAS, the owner of the properties located on either side of and having access to the proposed area of vacation, said area being described in Section 2 of this Ordinance has petitioned for vacation of said right-of-way; and WHEREAS, in the opinion of the Council, the right-of-way described in Section 2 of this Ordinance would no longer be necessary, expedient, or prudent for the City to retain should the Indian Hills 6th Addition preliminary plat (which was considered by Moscow Planning and Zoning Commission during the notice of public hearing on January 9, 2008 and approved by such Planning and Zoning Commission on January 25, 2008) be approved and should the Indian Hill 6'h Addition final plat be approved by City Council; and WHEREAS, on the 41h day of February, 2008, the Mayor and City Council conducted a public hearing on this matter and determined that vacating said public right-of-way is expedient for the public good only after the Indian Hills 6th Addition final plat is approved by the Council; 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 adjoining properties; and WHEREAS, following approval of the Indian Hills 6th Addition final plat, the Council deems it to be in the best interests of the adjoining property to have the vacated right-of-way revert to the property owner who made the original dedication of right-of-way; and NOW THEREFORE, be it ordained by the Mayor and City Council of the City of Moscow as follows: ORDINANCE 2008- 02 ALTURAS TO BLAINE VAC.A.TION PAGE I OF3 ---PAGE BREAK--- SECTION 1: FINDINGS. The City finds it to be in the City's best interest and expedient for the public good to vacate the right-of-way described at Section 2 of this Ordinance only upon the final approval of the Indian Hills 6'h Addition preliminary plat and the final approval of the Indian Hills 6'h Addition tina! plat. Upon the completion of the pre-existing conditions to vacation described herein, the City hereby finds that the public right-of-way described in Section 2 and the same hereby is vacated as of the effective date of the final approval of the Indian Hills 6'h Addition final plat, except as otherwise provided in Section 3 of this Ordinance. SECTION 2: VACATION. The following described public right-of-way be, and the same hereby is, vacated as of the effective date of this Ordinance, following the completion of the conditions of Section l of this Ordinance and except as otherwise provided in Section 3 of this Ordinance: A legal description for a parcel of land situated in the Indian Hills 6'h Addition preliminary plat of the City of Moscow, Latah County, Idaho, and being more particularly described as follows: An existing dedicated public right-of-way situated in the southeast quarter of Section 17, Township 39 North, Range 5 West, Boise Meridian, and described in the corrected Deed of Dedication filed as Instrument No. 429156 on tile with the Latah County Recorder's office as follows: Beginning at the southeast comer of Lot l , Block 4 of the Alturas Business Park plat, Instrument No. 424777 on file with said Recorder's office, said point being on the westerly right-of-way of Alturas Drive; thence S67°57'46"E 50.00 feet along the boundary of said Alturas plat to a point on the easterly right-of-way of said Alturas Drive; thence southerly 35.27 feet along the west boundary of Lot 1, Block 3, of said Alturas plat, along a curve concave to the east, said curve having a central angle of 16°10'02", a radius of 125.00 feet, and a chord bearing S l 3°44'32"W 35.15 feet; thence S05°39'31"W 151.53 feet along said west boundary of Lot 1, Block 3 and along an extension of said boundary; thence westerly 295.47 feet along a non-tangent curve concave to the south, said curve having a central angle of 17°32 '35", a radius of 965.00 feet, and a chord bearing S88°22'18"W 294.32 feet; thence S79°36'00"W 209.05 feet to a point on the easterly right-of-way of Blaine Street extended; thence continuing S79°36'00"W 60.00 feet to a point on the westerly right-of-way of Blaine Street extended; thence Nl0°24'00"W 247.95 feet along said westerly right-of-way line to the southeast comer of Lot 3 of the Indian Hills Fourth Addition to the City of Moscow, Instrument No. 389444 on file with said Recorder's office; thence N79°36'00"E 60.00 feet along the southerly boundary of said Indian Hills Fourth Addition to a point on the easterly right-of-way of Blaine Street; thence S l0°24'00"E 187.95 feet along the easterly right-of-way line of Blaine Street extended; thence N79°36'00"E 209.05 feet; thence easterly 245.01 feet along a curve concave to the south, said curve having a central angle of 13°41 '45", a ORDINANCE 2008 - 02 ALTURAS TO BLAINE VACATJON PAGE20F3 ---PAGE BREAK--- radius of I 025.00 feet, and a chord bearing N86°26'52"E 244.43 feet to a point of reverse curvature; thence northeasterly 27.53 feet along a curve concave to the northwest, said curve having a central angle of 87°38' 14", a radius of 18.00 feet, and a chord bearing N49°28'38"E 24.93 feet; thence N05°39'31 "E 74.09 feet parallel with the west boundary of Lot I, Block 3 of said Alturas plat; thence continuing parallel with said west boundary 49.56 feet along a curve concave to the east, said curve having a central angle of 16°13'39", a radius of 175.00 feet, and a chord bearing N 13 o 46' 21 "E 49.40 feet to the point of beginning. Said right-ofway contains 1.20 acres, more or less. SECTION 3: EXCEPTIONS FROM VACATION. Vacation of property described in Section 2 of this Ordinance and shown in Exhibit attached hereto shall not include existing franchise rights and utilities or existing public utilities as of the effective date of this Ordinance. SECTION 4: RIGHT-OF-WAY VACATION. The Council finds it expedient for the public good and deems it to be in the public interest of the adjoining properties, only upon the Council's approval of the Indian Hills 6'h Addition final plat of the City of Moscow, Idaho, that the Thompson Family Limited Partnership receive all of the property described in Section 2 at the time of vacation. 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 4'h day of February, 2008. ATTEST ORDINANCE 2008- 02 ALTURAS TO BLA!NE VACATION PAGE3 OE 3