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Home My WebLink AboutORD 3488BILL NO.4 ORDINANCE NO.3488 2023-003951 RECORDED 02/08/2023 02:34 PM Illlllf Illlfllllflllllllfllfllllllllllllllllf IIII 00'44146202300039510040043 CHRIS YAMAMOTO CANYON COUNTY RECORDER Pgs=4 ZBLAKESLEE NO FEE ORDINANCE CITY OF CALDWELL AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, RECITING PETITION FOR VACATION OF UNOPENED PUBLIC ALLEY RIGHT-OF- WAY (ROW) AT THE INTERSECTION OF SOUTH 9TH AVENUE AND THE VACATED CENTERLINE OF JOLIET STREET; RECITING THAT APPROPRIATE NOTICE WAS GIVEN OF PUBLIC HEARING; DETERMINING THAT VACATION OF SAID UNOPENED PUBLIC ALLEY ROW BE IN THE BEST INTEREST OF THE CITY OF CALDWELL AND THAT SAID UNOPENED PUBLIC ALLEY ROW SHALL BE VACATED; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, AND STATE OF IDAHO: Section 1. That by a motion passed by the Council and approved by the Mayor of the City of Caldwell, Idaho, and proper notice having been given of these proceedings to adjoining property owners and published in the official newspaper of the City, and a public hearing having been held by the Council, all in accordance with the requirements of Idaho Code §§ 50-1325 and 50-311 and other law, requesting passage and approval of an ordinance vacating the unopened public alley ROW described below located in Caldwell, Canyon County, Idaho: Legal description for the vacation of unopened public alley ROW in Block 60 of Dever's addition to Caldwell as filed in Book 2 of Plats at Page 17, records of Canyon County, and also located within the SE NE % of Section 22, Township 4 North, Range 3 West of the Boise Meridian, Canyon County, Idaho, more particularly described in Exhibit "A" and Exhibit "B' ; Section 2. That the Council finds the unopened public alley ROW vacated by this ordinance is not needed nor will again be needed by the public; Section 3. That the Council finds the owners of all properties abutting the public alley ROW vacated by this ordinance have been properly notified of this action and have consented thereto or failed to object; Section 4. That Council finds the owners of all properties abutting public alley ROW vacated by this action, have access to his, her, or their property from some other public street, public alley or private road; Section 5. PETITIONER shall incur all cost related to said vacation. Section 6. That said unopened public alley ROW 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 alley ROW vacation; Section 7. That the Council finds it to be in the best interest of the public that the above described unopened public alley ROW in the City of Caldwell, Canyon County, Idaho, 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. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 7th day of February, 2023 APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 7th day of February 2023 (-T' 1, ATTEST: Mayor Jarom Wa er City Clerk Debbie Geyer ,,�Srfrt/lrrrl,++,, Cp,I.DW4C� �.� •......ORA •` 1y 15 ;o • P 9 r0 EXHIBIT "A" CLAUDE BRUMFIELD TRUST A ALLEY VACATION DESCRIPTION The following Describes a Sixteen foot (16') wide strip of land being a portion of the platted alley lying in Block 60 of Dever's Addition To Caldwell as filed in Book 2 of Plats at Page 17 Records of Canyon County, Idaho for the purpose of a Vacation being a Portion of the SE 1/4 NE 1/4 of Section 22, Township 4 North, Range 3 West, Boise Meridian, City of Caldwell, Canyon County Idaho being more described as follows. COMMENCING at found 1 /2" Iron Pin "Sullivan PLS 13446' being at the Intersection of North 91h Avenue and the Vacated Centerline of Joliet Street. From which, a found 5/8" Iron Pin "PLS 16662" being at the Intersection of North 9th Avenue and East Freeport Street bears, South 43°45'40" West, 1344.04 feet; Thence along the Centerline of North 9h' Avenue, South 43°45'40" West, 161.52 feet to the Prolongation of the Southerly Boundary Line of Lots 1, 2 & 3, Block 60 of said Dever's Addition To Caldwell; Thence along the Southerly Boundary Line of said Lots 1, 2 & 3, and their Prolongation, South 45058'47" East, 40.00 feet to the Easterly Right of Way Line of North 91h Avenue, and the Westerly Comer of said Lot 1the POINT OF BEGINNING: Thence continuing along the Southerly Boundary Line of said Lots 1, 2 & 3, South 45°58'47" East, 75.00 feet to the Northerly Right of Way Line of the Loop Ramp Survey of the ITD 101 Avenue Interchange 180N Project No. I-80N-1 (67) 27, being Station 2+99.74, 116.95 feet left; Thence along the Northerly Right of Way Line of said Loop Ramp Survey, North 78051'18" West, 29.48 feet to Station 2+70.49, 120.00 feet left being on the Northerly Boundary Line of Lots 23 & 24, Block 60 of said Dever's Addition To . Caldwell; Thence leaving said Northerly Right of Way Line, and along the Northerly Boundary Line of said Lots 23 & 24, North 45°58'47" West, 50.17 feet to the Easterly Right of Way Line of North 91h Avenue; Thence leaving said Northerly Boundary Line, and along the Easterly Right of Way Line of North 91 Avenue, North 43045'40" East, 16.00 feet to the POINT OF BEGINNING: The above described strip of land contains 0.02 acres (1,001 Sq. Ft.) more or�l� 1:&,$ CNN xv VACATION EXHIBIT "B" FOR CLAUDE BRUMFIELD TRUST A LYING IN A PORTION OF BLOCK 60 OF DEVER'S ADDITION TO CALDWELL A PORTION OF THE SE 114 NE 114 OF SECTION 22, T. 4 N., R.3W., B.M., CITY OF CALDWELL, CANYON COUNTY, IDAHO CURVE TABLE CURVE RADIUS LENGTH DELTA BEARING CHORD C1 366.00' 18,48' 2'53'33" 1 S88'19'22"E 18.47' LINE TABLE LINE BEARING DISTANCE L1 S45'58'47"E 40.00' L2 S45'5847"E 75.00' L3 N78'51'18' W 29.48' L4 N45'58'47"W 50.17' L5 N43'45'40"E 16.00' 40/ Suilir \ / ei PLS),3446" \ 13/ / 4 � 14 \ "S`'uvaas / / / 15 / /17/f d `( / 18 \TV I / 0!/N 'Vo. Tax Parcel I / 4�, # R0,106400000 B yB� Point o1 ��av Beginning / / a JT Coe sta S89048'35"E >r 0+98.45 # Tax Parcel \ \ 120' O 153.91' 2 Z 01 L3 # R0106500000 \ ��(��p•. / Tax Parcel 5120, Sta J ��rlr # R0107000000 2+7p 49 2+99.74 116 95' p r�1 N C 1 120' y�y • DO � �C /� Loop Ramp Survey ga 10th Ave. Interchange 'a 180N Project No. 1-8014-1 (67) 27 "PLS 6662" \0�`L LAND S �C �CENSF G1G a Iz/xl/z� r 8251 om x NXO-41k-. ITF OF F,yce H KQ� e P 40 oar 0' 80, 160' 320' DAVID EVANS ANDASSOCIATES INC. 9175 W. BLACK EAGLE DR. Boise Idaho Phone: 208-900-9049 MEMORANDUM TO: Caldwell City Council CALDWE`L Meeting Date February 7 , 2023 AGENDA ITEM INFORMATION 1. SUBJECT.Approve Vacation of unopened public alley Right -of- Department Submittals X to Way (ROW) at the intersection of North 911 Avenue and the vacated Building Department mark Centerline of Joliet Street. CDBG Clerk Waive three- reading requirement City Attorne Finance Department Human Resources Planning & Zonin Fire Department Police Department Public Works X Street Department Water Department W WTP En ineerin Mapping COSTIMPACT. N/A Parks and Recreation FUNDING N/A Airport SOURCE: Information Systems TIMELINE: N/A Golf Course OTHER: Initials SUMMARYSTATEMENT: Audey Brumfield requests vacation of unopened public alley ROW more particularly described in exhibit "A" and as delineated in exhibit "B". The purpose of the vacation is to better prepare the parcel for development. The proposed vacation does not create any landlocked parcels. MENDEDACTION: It is the recommendation of the Public Works Director that Council approve e proposed vacation.