HomeMy WebLinkAboutORD 34282022-031775
RECORDED
06/2312022 12:28 PM
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I0071 194202200317750050051
CHRIS YAMAMOTO
CANYON COUNTY RECORDDER E
Pgs=5 ADNIARTINEZ
ORDINANCE
CITY OF CALDWELL
Canyon County
Recorder's Office
Document
Cover Sheet
2022-031667
RECORDED
06/22/2022 03:33 P M
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CHRIS YAMAMOTO
CANYON COUNTY RECORDER
Pgs=3 PBRIDGES NO FEE
ORDINANCE
CITY OF CALDWELL
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BILL NO. 34
ORDINANCE NO. 3428.
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 Public Right of Way on a portion of Albany Street
between 5th and 6th Avenues located in the Southwest '/o of Section 22, Township 4 North, Range
3 West of the Boise Meridian, Canyon County, Idaho; being a portion of existing dedicated
public street right-of-way as shown on The Revised Map of Caldwell, filed for record at
Duplicate Plat Book IA, Page 5, official Records of Canyon County, Idaho, that portion of
Albany Street, more particularly described in Exhibit "A"
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 the Council finds the public right-of-way vacated by this ordinance is not
needed nor will again be needed by the public;
Section 3. That Council finds the owners of all properties abutting public right-of-way vacated
by this action, have access to his, her, or their property from some other public street, public
alley or private road;
Section 4. That all existing utility lines and utility services, including a city water main, shall be
relocated upon such terms and to such locations -as approved by the Caldwell City Engineer and
all affected utility companies or appropriate easements be granted for any such utility lines or
utility services subject to the same. Subject utilities are;
• Idaho Power — Darigold will record, in Canyon County, the provided easement as
soon as possible after the Vacation Ordinance is approved and recorded. A copy
will be provided to the City Public Works and Idaho Power.
• Waterline will be designed, moved and approved by Caldwell Water Department,
Terry Martin and per City code. Darigold will reimburse the City for the cost of
the relocation.
• Storm drain - will be addressed as part of design plans approved by City
Engineering.
• Intermountain Gas — Darigold will move lines as agreed to by Intermountain Gas.
Darigold will execute and record, in Canyon County, the provided easement
easement as soon as possible after the Ordinance is approved. Copy to be
provided to the City public Works and Monica Taylor at Intermountain Gas.
• Centurylink - Darigold will record, in Canyon County, the provided easement
easement as soon as possible after the Vacation Ordinance is approved and
recorded. A copy will be provided to the City Public Works and Centurylink.
Section 5. That the address for the Darigold plant will change from an Albany Street address to a
5"' Ave address and the Darigold milk receiving and pretreatment works from an Albany Street
address to a 6"' Ave address.
Section 6. PETITIONER shall incur all cost related to said vacation.
Section 7. That it is hereby determined that vacation of the street Right-of-way described in the
attached Exhibit "A" be vacated.
Section 8. 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 9. 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 Darigold, Inc.
PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this 20th day of June, 2022.
APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 20' day of
June, 2022.
ATTEST:
City Clerk
Mayor
of CALd°.,
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Project: 2-10751
Date: November 19, 2021
Page 1 of 1
EXHIBITA
T-O ENGINEERS
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
2471 S. TITANIUM PLACE
MERIDIAN, IDAHO 83642
208-323-2288 • FAX 208=323-2399
PARCEL "A"
Description of a Portion of
Albany Street
For Right -of -Way Vacation Purposes
A parcel of land located in the SW '/4 of Section 22, Township 4 North, Range 3 West, Boise
Meridian, City of Caldwell, Canyon County, Idaho, being:a.pottiori of existing dedicated public.
street right-of-way as shown on. The Revised Map of Caldwell; filed for record at Duplicate Vat
Book'l A, Page 5, offiotal Records of Canyon County, Idaho, that portion of A1baiLy Street, more
particularly described as follows:
PARCEL "A" (Portion of Albany Street)
BEGINNING at the southwest corner of Lot 1, Block 68 of said Revised Map of Caldwell;
thence, along the line common to the northeasterly right-of-way of Albany Street and the
southwesterly boundary line of Lots 1 through 12, Block 68 as shown on said Revised Map of
Caldwell,
1) S.46049'04"E., 300.07 feet to the southeast corner ofsaid'Lot 12; thence,
2) S.43011'30"W., 80.00 feet to northeasterly corner of Lot 12, Block 92 of said Revised
Map of Caldwell and southwesterly right-of-way line of.Albany Street; -thence, along said
right-of-way line,
3) N.46049'04"W., 300.06 feet to the northwesterly corner of Lot l,. Block-92 of said
Revised Map- of Caldwell; thence,
4) N.43011'27"E., 80.00 feet to the POINT OF BEGINNING.
PARCEL "A" CONTAINING 0.55 Acres, more or less.
SUBJECT TO:. all Record Documents.
MERIDIAN 9 BOISE • COEUR d'ALENE • NAMPA • CODY • HEBER CITY* SPOKANE
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MEMORANDUM
TO: Caldwell City Council
Meeting Date June 20 , 2022
AGENDA ITEM INFORMATION
OBJECT:
request on behalf of Darigold, Inc. to vacate Public Right of
Way on a portion of Albany Street between 5`" and 6th Avenues
nested:
Action requested:
• Approve Vacation of public right-of-way
• Waive three- reading requirement
• Hold Public Hearing
Department Submittals
X to
mark
Initials
Building Department
CDBG
Clerk
City Attorney
Finance Department
Human Resources
Planning & Zoning
Fire Department
Police Department
Public Works
XStreet
Department
Water Department
WWTP
Engineering
Mapping
COSTIMPACT.
$0.00
Parks and Recreation
FUNDING
SOURCE.
Airport
Information Systems
TIMELINE:
On Approval
Golf Course
OTHER:
SUMMARY STATEMENT. The request is made to facilitate the reconstruction and expansion of the
existing Darigold Plant. The expansion will increase the tax base and provide future employment
opportunities for the public.
COMMENDED ACTION: It is the recommendation of the Public Works Director that Council approve
his vacation.