Regular NECESSARY RESOURCES/IMPACTS (PERSONNEL): N/A NECESSARY RESOURCES/IMPACTS (OTHER) N/A. Fiscal Impact NECESSARY RESOURCES/IMPACTS (FISCAL): N/A

Transcription

1 CITY COUNCIL AGENDA Meeting Date: 06/17/2013 TITLE: Public Hearing - Aponi Right of Way Vacation Responsible Staff: Les MacDonald Backup Material: Backup material attached Digital Presentation: No Other Resources: Other Non-City Resources: Regular 5. Information DESCRIPTION: As part of the Indian Hills #6 Subdivision Replat considered by the City Council on June 3, 2013, a portion of the existing undeveloped Aponi Street right-of-way is proposed to be vacated by Subdivision property owner. This would reflect a modified street alignment that would no longer require as extensive amount of right-of-way as originally platted. As is the case in all vacation requests a public hearing will be held, during which interested parties may provide testimony regarding the proposed vacation. According to Idaho Code , the City Council may vacate the property if such vacation is "expedient for the public good". Public notice has been made through publication in the local paper and registered mailings to neighborhood properties. The Transportation Commission reviewed this request at their regular meeting on June 13, 2013 and recommended approval. The Public Works/Finance Committee had a short briefing on the upcoming public hearing at the June 10, 2013 meeting. STAFF RECOMMENDATION: Hold the Public Hearing, receive testimony regarding the proposed vacation, and approve the vacation request and proposed ordinance under suspension of the rules requiring three complete and separate readings and that the ordinance be read by title and published by summary; deny the vaction request; or take other action deemed appropriate. ACTION: Hold the Public Hearing, receive testimony regarding the proposed vacation, and approve the vacation request and proposed ordinance under suspension of the rules requiring three complete and separate readings and that the ordinance be read by title and published by summary; deny the vaction request; or take other action deemed appropriate. NECESSARY RESOURCES/IMPACTS (PERSONNEL): N/A NECESSARY RESOURCES/IMPACTS (OTHER) N/A Fiscal Impact NECESSARY RESOURCES/IMPACTS (FISCAL): N/A

2 Public Hearing Notice Vacation Ordinance Attachments

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4 ORDINANCE NO AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING FOR THE VACATION OF A PUBLIC RIGHT-OF-WAY LOCATED WITHIN THE CITY OF MOSCOW AND LEGALLY DESCRIBED IN SECTION 1 OF THIS ORDINANCE; PROVIDING THAT TITLE TO SAID VACATED RIGHT-OF- WAY SHALL VEST WITH THE OWNERS 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 1 of this Ordinance currently exists as platted by the Indian Hills #6 Addition and dedicated to the City of Moscow, as recorded in record number with Latah County; and WHEREAS, it is currently proposed that such right-of-way be vacated; and WHEREAS, the owner of the properties located adjacent to the proposed area of vacation described in Section 1 of this Ordinance, Thompson Development, LLC, has petitioned for vacation of said right-of-way; and WHEREAS, on the 17 th day of June, 2013, 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, Idaho Code Section 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 right-of-way described in Section 1 of this Ordinance was originally received by the City from the adjoining properties to the north and east; and WHEREAS, the Council deems it to be in the best interests of the adjoining properties to have the vacated right-of-way revert to the property owner of the properties from which the original dedication of right-of-way was received by the City; and NOW THEREFORE, be it ordained by the Mayor and City Council of the City of Moscow as follows: SECTION 1: VACATION. The following described public right-of-way be, and the same hereby is, vacated as of the effective date of this Ordinance: That portion of platted dedicated public right-of-way known as Aponi Place located within the City of Moscow, Latah County, Idaho, described as follows: ORDINANCE 2013 APONI PLACE RIGHT-OF-WAY VACATION PAGE 1 OF 3

5 A portion of Right-of-Way located in the SE¼ of the SE ¼ of Section 17, T.39N., R.5W., B.M., Block 5 of Indian Hills 6 th Addition to the City of Moscow, Latah County, Idaho, more particularly described as follows: Beginning at the Northwest corner of Lot 18, Block 5, of Block 5 of Indian Hills 6 th Addition to the City of Moscow, and running thence N W feet along the easterly right-ofway line of Aponi Place to the TRUE POINT OF BEGINNING; thence feet along said right-of-way line, being a curve to the right having a central angle of , a radius of feet and a chord length of feet bearing N E; thence feet along said right-of-way line, being a curve to the left having a central angle of , a radius of feet and a chord length of feet bearing N W; thence feet along said right-of-way line, being a curve to the right having a central angle of , a radius of feet and a chord length of feet bearing S W; thence S E feet along the proposed right-of-way line of Aponi Place to a point of curvature; thence feet along said proposed right-of-way line, being a curve to the right having a central angle of , a radius of feet and a chord length of feet bearing S E to a point of tangency; thence S E feet along said proposed right-of-way line to the TRUE POINT OF BEGINNING. Said portion contains 2389 sq. ft., more or less. SECTION 2: EXCEPTIONS FROM VACATION. Vacation of property described in Section 1 of this Ordinance and shown in Exhibit A attached hereto shall not include existing franchise rights and utilities or existing public utilities as of the effective date of this Ordinance. SECTION 3: 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 that Thompson Development, LLC, 1024 Pine Crest Road, Moscow, Idaho, 83843, as the current owner of all adjoining property to the north and to the east of the property described in Section 1, receive the property described in Section 1 at the time of vacation, with said property assigned proportionally to the adjacent parcels 15, 16, and 17 of Block 5 of Indian Hills #6 Addition. 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 17 th day of June, ATTEST Nancy Chaney, Mayor Stephanie Kalasz, City Clerk ORDINANCE 2013 APONI PLACE RIGHT-OF-WAY VACATION PAGE 2 OF 3

6 EXHIBIT A APONI RIGHT OF WAY VACATION ORDINANCE 2013 APONI PLACE RIGHT-OF-WAY VACATION PAGE 3 OF 3