HomeMy WebLinkAboutORD 34172022-021163
RECORDED
04/20/2022 09:48 AM
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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
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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
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STATE 0? IDAHO
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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
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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.
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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 )