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HomeMy WebLinkAboutORD 34172022-021163 RECORDED 04/20/2022 09:48 AM 1111111111111111111111111111111111111111111111 BILL NO. 23 00697633202200211630060067 CHRIS YAMAMOTO ORDINANCE NO. 34171 CANYON COUNTY RECORDER Pgs=6 ADMARTINEZ NO FEE ORDINANCE CITY OF CALDWELL AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE WAS GIVEN OF PUBLIC HEARING; DETERMINING THAT VACATION OF SAID PUBLIC RIGHTS -OF -WAY IN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING THAT VACATION OF SAID FOLLOWING RIGHTS -OF -WAY ARE IN THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL, CANYON COUNTY, IDAHO. This ordinance vacates that portion of undeveloped/unopened Public Right -of -Way located within the 1975 plat for Obendorf Subdivision (plat book 13, page 19) inclusive of 56 foot right- of-ways for Plant Drive,. McDonald Drive, McDowell Drive, and Obendorf Drive all located south of Ustick Road. Section 1. That by a motion passed by the Council and approved by the Mayor of the City of Caldwell, Idaho, and statutory notice having been given to all adjacent property owners and published in the official newspaper of the City, in accordance with Section 50-1306A and Section 50-1321, Idaho Code, that an application has been presented to the Mayor and Council of the City of Caldwell, Idaho, requesting passage and approval of an ordinance vacating the above described right-of-way located in Caldwell, Canyon County, Idaho, and a public hearing held by the Council; Section 2. That Council finds the owners of all properties abutting right-of-way vacated by this action, have access to their property from some other public street, public right-of-way or private road; and that the vacant platted lots and properties within Obendorf Subdivision owned by the petitioner shall be replatted as proposed Solstice Subdivision. Section 3. That said rights -of -way do not contain public or private utility lines. Section 4. This vacation is subject to the following precedent conditions: a. The Ustick Road right-of-way a part of, and adjacent to Obendorf Subdivision is not included or a part of this vacation action. Section 5. That it is hereby determined that vacation of the street right-of-ways inclusive of Plant Drive, McDonald Drive, McDowell Drive, and Obendorf Drive as described and depicted in the attached Exhibit "A" be vacated. Section 6. This ordinance shall be in full force and effect from and after its passage and publication according to law and compliance with all conditions prescribed herein. Section 7. Be it ordained and established that the above -described premises in the City of Caldwell, Canyon, County, Idaho, upon vacation shall pass and revert to 3300 Ustick LLC. PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this I Z�441ay of 12022. APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this LKday of , 2022. ATTEST: City Clerk Mayor Jarom Wa`g r of Cql • O� JAN15 2 p%'•• 1890 .•• F�•�• CbUNT`l D�il/OD,Pf LSIJBD/U/S/D�l/ TD C.9141�Dq Z259ZW17X N Z L x w OED/CATMV STATE OF SDAMO ) CDuuTY OFCANYON) JS IeWU Mt,MSlver r)vpl rreuvrl: Pverur r!!uKle.o.m A[e T/L fB dM1k/ OYNLY O• Tif CVO ItlW MIO RICbKa 0.4 Tx/s NAr wm rwv CAwve >wie leer er txvo r ar eucr•� .c.•oiwam !!o rx.4.rra .•e oewoerr y 61441D104'TO GYyeN CY/LWl) ZpINA. LF5CK/P7-/9N: a rc.er eI u..0 u•.4 /✓ enre...4.. Lerl "TOYL AV)4•Mil euOnx, LLWI eJl4T eO1K )(NOWN: ,,,,Ir..4 arum ec rocne4r r c..r..• or me vure aer .,msr i iLt<'ldfl TY/4 74i (/RII! K :1b0 6A/.LMe/)pr .fTATEdF SDANO ) cDUNTYOFtANYz),v)sf /Kca'++umaLn M4bci lM lxM�peY as �� y4vr RNLK M9T..-_S_iG�me..a_ PtnT • deWc4,.r.T csr, dK1feNL rnuKl.! s .binv, Grtr! L.wr exec nLeia/Iw CI+xW mw4.r, La4a+ Z mw/e! GwcrrYur a aV..fle[o CMvo dUavroc M NifOY LRrssr 7wr 14! dudf✓ nr rxc aaLleetleoL{rnwar ws /•R'1• er e6 tl[ ouve4 4e arucne! AW' >4wr rr! ueec/anw Uurm / TMe amRAne4 u eneacr ♦flyta..iY. 9e'ryi JOb/iY qYa rN{f {LwTLaQlCrir \Li/•!a-GOJ T. �w ,L1fiYY M Meaf. /! W/IYL+e .4.Og91: {.1 S MYP' Meel(MrL OfTM MLO .VIa -"IfK. PLAT APPROVED BY C ,Z' CoM /SSIQrY/,/ ea+ri ur e>+•e Caw.�Re4 BO W OF COUNTY CDMM/S$ ONE,2S ri•sr.eamer �asw4. uL•<.na.ma: cewnw .Rr CANYON COUNTY SUKVFYD.e eY AV GJTY DF CALDVJELL 42 b•v OR c/r♦ clLRc 0 elF IfWAIZnN OF CIT7 PLANNING, GOMYI hSdw'rM✓! �. wVAMi[ .4~! sups BE .CLLGw.4ko L'4UIU,. /I T BLUI I COKNENS = 10' r G..��rl rsr �L�9T BDD,C��/96E� 1 2 s 4 a a 7 ' 0 D 10 11 la r 33 g 14 d 1s d72na 10 aia 17 e2 10 F u 19 G 20 21 .fir. 23 24 25 26 27 28 29 30 31 32 wslic£`Vi III, 7L/00% ME -CATION The undersignel, HISGANET P. MaDOWELL and M. JENNIFER NCDDIMML LDCE.iTRAL, same parson as :Margaret Jennifer Mc0owell# botl being married persons dealing in their sole and separato property, hereby declare that they are the fee simple owners of record to thl lands constituting the obandorf Subdivision to Canyon County, Idahi according to the official plat of said subdivision filed July 23j- 1975, in Book 14 o! Plats, page 19, in the office of the County Recorder of Canyon County, Idaho, said,subdivision being a portion of Government Lot 1, Section 2, Township 3 North, Range 3 West of the Boise Meridian in Canyon County, Idaho. That the undersigned nave examined Paid Plat and approved the same and hereby agree that all streets or portions thereof within the limits of the Plat are hereby dedicated to the use of the public forever. The casements shown on the Plat are dedicated to the public forever, and the , right to use said easements is hereby perpetually reserved for the use as indicated, and no structure ether then for these indicated purposes is to be erected within the limits of such easements. ,1•largerat F'. He�owo }:. denn>.fei•Y.cDv�_ tAv�'8�i STATE 0? IDAHO ) sa county of Canyon ) On t!.is 3rd day of ppvGahgr ., 1975, beZora ma, the undersigned, a Notary Public in and for said State, personally ap- peared 1-WCMRET F- IMcoMA-LL, knowL to me W be the person whose name is subscribed to the foregoing instrument, and acknowledged to me the she executed the same. . tltI WITNESS . REOF, I have hereunto set my hand and affixed AA ,rtj aP£ fA :seal the day and year in this certifieato Pirst above i .[ I � a •Public IoaaD Rooldi g at Ca all, Idaho •', Ny commission expires 5/5 76 1 s 4 6 g' 7 8� 9 30 11 32 IS 16 {g$y le, yp�w 16 e17 20 �P 3B S 19 S 20 21 22 28 2{ 95 26 27 20 29 sa al STATE OF CALIFORNIA ) County of') vajn A&)as on this 9�ri/ day of Aft .'" , 1970,•before me, the undersigned, a Notary Public in and for said State, personally appeared !1. JENNIFER McDOWELL LOVENTHAL, known to me to he the person whose name Is subscribed to the foregoing instrument and acknowledged to me tbat'she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first abova written. l�rFrP• §P LB;;LPtI J. WON" /p ^S�w♦ lWl.crll bJPCILLdVM4 �rt : L11ta4 rCUL Ait L•+ Nffar.. 4rmh,..l1 Lal hotary�Public,%ipr California Residiing at 'ri. S'• n �_ d_ mm My coission "O es - r i l i 8 n r cl a3eao�a ` E 0 3 l I J 4lfi - :' .t tA n 0 1 9 1 ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 3417 REGARDING VACATION OF PUBLIC RIGHT-OF-WAY within OBENDORF SUBDIVISION This ordinance provides for the vacation of that portion of undeveloped/unopened Public Right -Of -Way located within the 1975 plat for Obendorf Subdivision (Book 13, Page 19) inclusive of 56 foot right-of-ways for Plant Drive, McDonald Drive, McDowell Drive, and Obendorf Drive all located south of Ustick Road and that the above -described premises in the City of Caldwell, Canyon, County, Idaho, upon vacation shall pass and revert to 3300 Ustick LLC. The Ordinance providing an effective date, which shall be when published in the Idaho Press Tribune on the 26th day of April, 2022. Ordinance No. 3417 was passed by the Council and approved by the Mayor on the 18th day of April, 2022. The full text of the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho. The Mayor and City Council approved the foregoing summary for publication pursuant to Idaho Code 50-901A on the 18th day of April, 2022. STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance No.3417 and provides adequate notice to the public as to the contents of such ordinance. DATED this 18th�f, ay of April, 2022. Mark Hilty, Attorney for City of Caldwell )