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ORDINANCE NO. 2002-01 AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF IDAHO, PROVIDING FOR VACATING PEDESTRIAN WALKWAY RIGHT-OF-WAY LOCATED WITHIN THE CITY OF MOSCOW AS DESCRIBED IN SECTION 1 OF THIS ORDINANCE; 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 street right-of-way (Shane Lane) to which the subject pedestrian walkway right-of-way within Blocks 2 & 3 of Moser Estates Sixth Addition, was vacated by Ordinance 2001-20; and WHEREAS, the need for the subject pedestrian walkway right-of-way is now accommodated by the pedestrian and utility easement as platted on the replat of Blocks 2 & 3 of Moser Estates Sixth Addition; and WHEREAS, there are currently no public improvements constructed within the subject pedestrian walkway right-of-way; and WHEREAS, on the 7th day of January, 2002, the Mayor and City Council conducted a public hearing on this matter and determined that vacating the subject public right-of-way is in the public interest; and WHEREAS, Idaho Code Section 50-311 provides that a vacated right-of-way 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 Council of the City of Moscow as follows: SECTION 1: That the following described pedestrian walkway right-of-way be, and the same hereby is vacated as of the effective date of this ordinance: 9.6 foot wide public pedestrian walkway as platted on Moser Estates Sixth Addition 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(s) 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 City Council and APPROVED by the Mayor this 7th day of January 2002. Ordinance 2002-0l A / JJf Marsnall H. ComstO'Ck, ayor /1 / / J678 t