The URL can be used to link to this page

Home My WebLink AboutORD 35032023-013913 RECORDED 05/03/2023 10:49 AM 1111111 IJ11 H111111111 1111111111111111111111 00756987202300139130040047 BILL NO. 19 CHRIS YAMAMOTO CANYON COUNTY RECORDER Pgs=a PBRIDGES M) =EE ORDINANCE NO.3503 ORDINANCE CITY OF CALDWELL AN ORDINANCE RECITING PETITION FOR 6-FOOT PARTIAL VACATION OF A CITY WATER EASEMENT SPECIFICALLY GRANTED TO THE CITY FOR PLACEMENT OF A WATER METER. DETERMINING THAT PARTIAL VACATION OF SAID EASEMENT IN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING THAT PARTIAL VACATION OF SAID EASEMENT IS IN THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL, CANYON COUNTY, IDAHO. DESCRIBED HEREIN, This ordinance is to vacate a 6-foot portion of an easement granted to the City for city water service. The easement is located at 1508 Hope Lane Caldwell, Idaho, more particularly described in the attached exhibits. Section 1. 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 a portion of the above -described easement located in Caldwell, Canyon County, Idaho. Section 2. That Council finds the easement portion vacated by this instrument is not a Public easement and was specifically granted to the City. Section 3. This partial vacation is subject to the following precedent conditions: a. PETITIONER shall incur all cost related to said vacation. Section 4. That it is hereby determined it is in the best interest of the public that the portion of the easement above described in the City of Caldwell, Canyon County, Idaho be vacated. Section S. 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 2nd day of May 2023. APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 2nd day of May, 2023. ATTEST: City Clerk Debbie Geyer SIGNED: Mayor Jarom a r •�.� �� CAL, o'�+r )AN 15 cz t As 0.61 go y: ••••._ CO Description for Water Easement Vacation Hope Plaza Ili Apartments April S, 2023 A portion of an existing City of Caldwell water easement as described in Instrument No. 2020-043193, records of Canyon County, Idaho located in the Southeast 1/4 of the Southeast 1/4 of Section 22, Township 4 North, Range 3 West, Boise Meridian, City of Caldwell, Canyon County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 22, 23, 26 and 27, TAN., R.3W., B.M., from which the 1/4 corner common to said Sections 22 and 23, bears North 00"17'54" East, 2,658.84 feet; thence North 06°57'08' West, 794.45 feet to the southeasterly corner of an existing City of Caldwell easement as described in Instrument No. 2010-015956, records of Canyon County, Idaho; thence on the southerly easement line, North 46012'56' West, 689.88 feet to the easterly right-of-way line of N. 14th Street; thence on said easterly right-of-way line, North 43°45'24" East, 30.00 feet to the northerly easement line of said City of Caldwell easement; thence on said northerly easement line, South 46012'56" East, 30.19 feet to the northwesterly corner of said City of Caldwell water easement; thence on said water easement line, North 43047'04" East, 34.66 feet to the POINT OF BEGINNING; thence continuing on said water easement line the following three (3) courses and distances: North 43047'04" East, 6.00 feet; South 46"12'56" East, 15.00 feet; South 43°47'04" West, 6.00 feet; thence leaving said water easement line, North 46°12'56" West, 15.00 feet to the POINT OF BEGINNING. Containing 90 square feet, more or less. End of Description. I LpVb U77 OF 4f McGPM� Page 1 of 1 X nt of 45 nning \ Hope Plaza ill Parcel Hope Plaza II Parcel v ` Advocates 2S61y \ Parcel 61 \ ` v \ \ \ ONAt LAND ��cENs s¢ 11779 Line Bearing D oy4 McGA�� NScale: 1"=40' n Q Pk IDAHO SURVEY �55 EµE►3a ST eoisk, ro,wOe3ro4 feel sasas�o GROUP, LLC Length Exhibit Drawing for Water Easement Vacation e Plaza Ill Aaartments 1/4 22 23 I I I I-'q- 1 00 v1 Ip.im 1 � L 04 LLI m IQm � Z 'L I�,� •'sue. I 22.23 • 27 T 26 Job No. 21-050 Located In the SE1/4 of the SE1/4 of Section 22, B.M., City of Idaho. Dote MEMORANDUM TO: Caldwell City Council Meeting Date May 2 92023 _ _AGENDA ITEM_ INFORMATION SUBJECT: Approve request to vacate a 6-foot portion of a City Department Submittals water easement at 1508 Hope Plaza. _ : Waive three- reading requirement Bulld]r CDBG Clerk X to Initials mark Finance Department Human Resources Planning & Zoning Fire Department Police Department Public Works X Street De artment Water Department WWTP Mapping COSTIMPACT. N/A Parks and Recreation l FUNDING N/A Airport SOURCE: Information Systems TIMELINE: On approval Golf Course OTHER: UMMARYSTATEMENT: Greg Urrutia, New Beginnings Housing. LLC on behalf of HOPE Plaza III requests vacation F a 6-foot portion of a City water easement. The purpose of the vacation is to correct an encroachment that occurred ,hen HOPE Plaza III apartment building was sited. The building was inadvertently located on the north 6 feet of an existh ty water easement. The easement is not a public easement. e above -mentioned easement is more particularly described in the attached legal description and is elineated on the attached map. ACTION. It is the recommendation of the City Engineer and the Public Works Director Council approve the proposed vacation request. PETITION TO VACATE City of Caldwell Engineering Department 621 E. Cleveland Blvd., Caldwell, Idaho 83605 Phone: (208) 455-3006 Applicants Name: HOPE Plaza III Limited Partnership Home Phone: (208) 454-2576 Applicants Address: _1508 Hope Lane, Caldwell Work Phone: (208) 454-2576 ATTACHMENTS: Legal Description of the area being vacated. Plat map or Assessor's map showing the area to be vacated Description of Request (in detail): When the HOPE Plaza III a artment building was sited the building was inadver—ten—fly located on the north 6 feet of an existing water easement. It apRears that as the architect was working with the Cily on setbacks and fire access it was shifted so that a small portion of the building was located in the easement north of the water meter. We are reguesting that the City vacate the north six 6 feet of the easement to address this encroachment. FEE: $ 462.88 Cash: Check No.: Receipt No.: I, the under signed, Understand and State: 1. This application is subject to acceptance by the City of Caldwell Engineering Department upon the determination that this application is complete. 2. All information transmitted is true to the best of my knowledge. Printed Date Received: Council Hearing Date: Company: New Beginnings Housing. LLC develo r Date: Apri110, 2023� _ FOR ENGINEERING DEPT. USE ONLY Received By: