ORDINANCE NO. 1167

AN ORDINANCE OF THE CITY OF SANDPOINT, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, VACATING ALL INTEREST OUTSIDE THE RIGHT-OF-WAY COMMONLY KNOWN AS DOCK STREET, LOCATED IN SECTION 23, TOWNSHIP 57 NORTH, RANGE 2 WEST, BOISE MERIDIAN, BONNER COUNTY, IDAHO; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE HEREOF.

WHEREAS, a public hearing was held on February 21, 2007, before the Sandpoint City Council regarding this proposed vacation; and

WHEREAS, the City of Sandpoint has an interest in right-of-way outside the boundaries of the currently used right-of-way; and

WHEREAS, the City Council finds it to be in the public interest that unused right-of-way outside the currently utilized right-of-way be vacated; and

WHEREAS, it is appropriate that ownership of the vacated right-of-way shall vest with the owners of the underlying property being vacated.

NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Sandpoint:

Section 1: That the City's right-of-way interest outside of the following described property, to wit:

A strip of land 26.00 feet in width located in a portion of Section 23, Township 57 North, Range 2 W.B.M., Bonner County, Idaho, the centerline of which is more particularly described as follows: Commencing at the northwest corner of said Section 23; thence N89°55'47"E, 130.95 feet to a point on a line parallel with and 200 feet easterly of (as measured perpendicularly to) the centerline of the Burlington Northern Santa Fe Railroad; thence S10°45'10"E along said parallel line, 1773.49 feet to THE POINT OF BEGINNING, said point of beginning being also the beginning of a non-tangent curve to the left; thence southwesterly along said non-tangent curve an arc distance of 53.07 feet (delta =17°40'41", radius = 172.00 feet, chord = S64°52'28"W 52.86 feet) to a point on the southerly boundary of the tract of land described in the Quitclaim Deed with Instrument Number 654234, said point being the terminus of this centerline description. The side lines of said 26.00 foot wide strip of land are to be lengthened or shortened as necessary to intercept said parallel line and to intercept a line running S74°12'17"W through said terminus.

be and the same is hereby vacated.

Section 2: That no right-of-way to the east of the above described right-of-way is vacated by this ordinance.

Section 3: That ownership of the vacated right-of-way shall vest with the owners of the underlying property being vacated.

Section 4: That a twenty (20) foot wide easement for utilities is retained where existing utilities are located.

Section 5: All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict.

Section 6: This ordinance shall take effect and be in full force upon its passage, approval and publication according to law.

PASSED BY THE CITY COUNCIL as an ordinance of the City of Sandpoint on this 21st day of March, 2007.

Raymond P. Miller, Mayor

ATTEST:

Maree Peck, City Clerk

Legal SNP# 8559

April 6, 2007