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Home My WebLink AboutORD 34452022-040205 RECORDED 08/22/2022 03:00 PM 11111111111111111111111111111111111111111111 02060040043 BILL NO. 51 CHRIS YAMAMOTO ORDINANCE NO.3445 CANYON COUNTY RECORDER Pgs=4 TYOUREN $0.00 ORDINANCE CITY OF CALDWELL AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE WAS GIVEN OF PUBLIC HEARING; DETERMINING THAT VACATION OF SAID UNOPENED PUBLIC RIGHT-OF-WAY IN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING THAT VACATION OF SAID FOLLOWING RIGHT-OF-WAY ARE IN THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL, CANYON COUNTY, IDAHO. This ordinance vacates that portion of unopened Public Right of Way, on a portion of the S '/z SE 1 /4 SWIA of Section 14 in Township 4 North, Range 3 West of the Boise Meridian, Canyon County, Idaho; more particularly described in Exhibits "A" & "B" 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 said unopened public right-of-way vacated does not contain public or private utility lines. That no rights of any third parties, other than the City of Caldwell, will be affected by the unopened public right-of-way vacation; Section 5. PETITIONER will construct a catch basin and extend drainage pipe upon such terms and to such locations as approved by the Caldwell City Engineer. 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 Exhibits "A" & "B" 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 Art and Teresa Solis. PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this 18th day of August, 2022. APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 18" day of August, 2022. APPROVED: Mayor Jarom Wagoner .• •Of �CA��o,��, ti� •xeo • ' %% o lt, % �ni JAN15 ATTEST: ' � O O . 90 .� City Clerk '-''•.,CbUNT'i;.�•'° Legend Subject Property 300' Buffer 309 Properties NIXON ST j _ Taxlots a — Surface Water nscwuRR m. uR,rom. «F.•..ua or. a.. m.F . i. aRWa... �.... ¢ Iv as �'�h of C.yvell )art. 1D. liF oICJCv.II ot.i eo eMmuom u.ury u u 4.euru}oFRv pNuct 1awR paF.nT Lw.<.rcn a Aunoi a b+4 MUY eY bFrt. M.a LH4 m M QYl"OFCAI"UIS¢AAHtAM' VAtYANTI' FACXAO1LITl' OR D'ARtANTY m FlT1 Lx us NR A .R D.LLR KUK ETOTMOR weu[u. wLsx RFsrFcrro rxrs xlaoUCi.AryrrMUFUL p Y .opA$ I$ G'RM ALL FAVLT; W rn.n.WF.Rh b b ues...f N WF. S Canyon HN1500 Lateral 0 100 200 ® Feet 1 arch = 200 feet Skinner Land Survey Precision Land Surveyors, P.0 2I8SI Upper Pleasant Ridge Rd Caldweli, Idaho 83607 (208)45"933 WWWWUNNMANDSURVEY.COM surveys Ainnerlandsurvey.com Exhibit "B" Legal Description for Loreena Kemp Job No. OC 1017 Nikon Right of Way Thomas J. Wellard, PLS Rodney Clark, PE November 6, 2017 This parcel is a portion of the S 'A SE i/4 SW %. of Section 14 in Township 4 North, Range 3 West of the Boise Meridian, Canyon County, Idaho and is more particularly described as follows. COMMENCING at the Southwest corner of the SE '/4 SW '/4, (Wl/16S Corner, Section 14), a found brass cap monument; thence North 00' 25' 33" West along the West boundary of the SEA SW '/. a distance of 661.14 feet to the Northwest comer of the S h SE'/4 SW %4, the TRUE POINT OF BEGINNING, a found 518 inch diameter rebar, thence North 89' 42' 25" East along the North boundary of the S %Z SE'/4 SW '/4 a distance of 155.50 feet to a'h x 24 inch rebar set with a plastic cap stamped P.L.S. 15352; thence South 06' 42' 01" East a distance of 25.16 feet to a'r4 x 24 inch rebar set with a plastic cap stamped P.L.S. 15352; thence South 89' 42' 25" Wcst; parallel with the North boundary of the S 54 SE 'A SW '/4, a distance of 15825 feet to a point on the West boundary of the SE V. SW ''/., a found 'h inch diameter mbar, thence North 00' 25' 33" West along said West boundary a distance of 25.00 feet to the TRUE POINT OF BEGINNING, containing 0.090 acres, more or less and subject to any and all easements and rights -of -way of record or implied. Page 1 of 1 MEMORANDUM TO: Caldwell City Council Meeting Date August 18 , 2022 CALDW Ell IDAMO AGENDA ITEM INFORMATION SUBJECT. A request by Art and Teresa Solis to vacate unopened Public Right of Way adjacent to 2509 Lincoln Ave. 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 CityAttome Finance Department Human Resources Planning & Zoning Fire Department Police Department Public Works x Street Department Water Department WWTP Engineering Mapping COST IMPACT: $0.00 Parks and Recreation FUNDING SOURCE: Airport Information Systems TIMELINE: On Approval Golf Course OTHER: UMMARYSTATEMENT: On approval of this request, Art Solis will construct a catch basin and extend pipe, at his expense, to remedy a drainage issue. COMMENDED ACTION. It is the recommendation of the Public Works Director that Council approve his vacation.