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ORDINANCE NO. 2005-31 AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR VACATING A PORTION OF HARRISON STREET RIGHT-OF-WAY LOCATED WITHIN THE CITY OF MOSCOW AND LEGALLY DESCRIBED IN SECTION I OF THIS ORDINANCE; PROVIDING THAT TITLE TO SAID VACATED RIGHT-OF-WAY SHALL VEST WITH THE OWNER OF THE PROPERTY AS SPECIFIED 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 owners of the properties located on the west side of and having access to the proposed area of vacation (said area being described in Section I of this Ordinance), have petitioned for vacation of said right-of-way; and WHEREAS, on the 3'd day of October 2005, 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; 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, the Council deems it to be in the best interest of the adjoining property to have the vacated right-of-way revert to the property owners located adjacent to and west of said right-of-way; NOW THEREFORE, be it ordained by the Mayor and City Council of the City of Moscow as follows; SECTION 1: VACATION. That the following described public street right-of-way be, and the same hereby is, vacated as of the effective date of this Ordinance, except as otherwise provided in Section 2 of this Ordinance: A legal description for a parcel of land situated in the NW\4 of Section 17, T39N, R5W BM and being more particularly described as follows: A I 0 foot wide strip of that portion of Harrison Street adjoining the east boundary of Lot I 0, Block 4, along with a 10 foot wide strip of that portion of Harrison Street adjoining the south 130.00 feet of the east boundary of Lot 9, Block 4, of the Sunnyside Addition to the City of Moscow, Latah County, Idaho, said plat recorded in Book 2 of Plats, page 24, records of Latah County, with the 10 foot wide strips being more particularly described as follows: Beginning at the southeast comer of said Lot 10, Block 4; thence North 150.00 feet, to the northeast comer of said Lot l 0; thence East I 0.00 feet, parallel with the north boundary of said Lot 1 0; thence South 150.00 feet, parallel with and 10.00 feet distant of said east boundary of Lot 10; thence West 10.00 feet, parallel with the south boundary of said Lot 10 to the point of beginning. Also, beginning at the southeast comer of said Lot 9, Block 4; thence North 130.00 feet along the east boundary of said Lot 9 to the southeast corner of the north 20.00 feet of said Lot 9. which ORDlNANCE 2lXJ5 -31 HARRISON ST BETWEEN g'm ST AND LEWIS ST R!GHT-OF9WAY VACATION PAGEl OF 2 ---PAGE BREAK--- was dedicated as public right-of-way by a Deed of Dedication recorded in Book 9 of Deeds, page 45, records of Latah County; thence leaving said east boundary, East I 0.00 feet, parallel wifh the south line of said right-of-way dedication; thence South 130.00 feet, parallel with and 10.00 feet distant of said east boundary of Lot 9; thence West 10.00 feet, parallel with the south boundary of said Lot 9 to the point of beginning. SECTION 2: EXCEPTIONS FROM VACATION. Vacation of property described in Section I of this Ordinance shall not include existing franchise rights and utilities or existing public utilities as of the effective date of this Ordinance. SECTION 3: VACATION ALL TO OWNER. The Council finds it expedient for the public good and deems it to be in the public interest of the adjoining properties that the owners of the real estate from which said vacation area, described in Section I of this Ordinance, was dedicated shall receive all of the property described in Section I 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 I7'h day of October 2005. ATTEST ORDINANCE 2005-31 HARRISON ST BETWEEN gm STAND LEWJS ST RIGHT-OF-WAY VACATION PAGE20F2