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Home My WebLink AboutORD 3547BILL NO.53 ORDINANCE NO.3547 2023-036089 RECORDED 11/09/2023 08:25 AM 111111111111111111111 1111i 1111111 IN 00786084202300360890040040 CHRIS YAMAMOTO CANYON COUNTY RECORDER Pgs=4 MBROWN 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 RIGHT OF WAY AT TATES WAY; RECITING THAT APPROPRIATE NOTICE WAS GIVEN OF PUBLIC HEARING; DETERMINING THAT VACATION OF SAID PUBLIC RIGHT OF WAY BE IN THE BEST INTEREST OF THE CITY OF CALDWELL AND THAT SAID PUBLIC RIGHT OF WAY 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 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 RIGHT OF WAY described below located in Caldwell, Canyon County, Idaho: Legal description for the vacation of public RIGHT OF WAY, A parcel of land -located in the SE1/4 of the NE1/4 of Section 1, Township 3 North, Range_ 3 West, Boise Meridian, City of Caldwell, Canyon County, Idaho, more particularly described in Exhibit "A" and Exhibit `B"; Section 2. That the Council finds the UNOPENED 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 UNOPENED PUBLIC RIGHT OF WAY vacated by this action, have access to his, her, or their property from some other public street, PUBLIC RIGHT OF WAY or private road; Section 4. PETITIONER shall incur all cost related to said vacation. Section 5. That prior to the recordation of the vacation, the applicant shall perform the following subject to the review and approval of the City Engineer A. Provide the City utility easements to protect existing public utilities and their necessary appurtenances located within the public rights -of -way being vacated. Section 6. 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 the private property owner, in accordance with Section 50-311, Idaho State Code. Section 8. That the Council finds it to be in the best interest of the public that the portion of the above -described UNOPENED PUBLIC RIGHT OF WAY in the City of Caldwell, Canyon County, Idaho, be vacated; Section 9. 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 November, 2023 APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 7th day of November, 2023 V Mayor Jar agoner ,.t O MNAL,0 A.•„pop . ••••e .+ `LO rFG i L ]AN IS i yt _ ATTEST: City Clerk Debbie Geycr /\u ARDURRn EXHIBIT "A" Project No: 230143 Date: July 13, 2023 Page 1 of 1 TATES WAY RIGHT-OF-WAY VACATION DESCRIPTION A parcel of land located in the SE1/4 of the NE1/4 of Section 1, Township 3 North, Range 3 West, Boise Meridian, City of Caldwell, Canyon County, Idaho, more particularly described as follows: BEGINNING at a 5/8 inch iron pin marking the Northwest corner of O'Reilly Subdivision No. 1 recorded in Book 42 of Plats, at Page 42, records of Canyon County, Idaho, thence, along the northwesterly prolongation of the northeast boundary, thereof, 1. N.4601706"W., 70.00 feet to the northwest right-of-way of Tates Way; thence, along said right-of- way, 2. N.43044'51"E., 459.18 feet to the beginning of a tangent curve; thence, 3. Northwesterly along said curve to the left having a radius of 20.00 feet, an arc length of 31.42 feet, through a central angle of 90°00'59", of which the long chord bears N.01°15'39"W., 28.29 feet to the southerly right-of-way of Graye Lane; thence along said right-of-way, non -tangent from said curve, 4. S.46016'08"E., 110.00 feet to the southeasterly right-of-way of said Tates Way and the beginning of a non -tangent curve; thence, along said right-of-way, the following courses: 5. Southwesterly along said curve to the left having a radius of 20.00 feet, an arc length of 31.41 feet, through a central angle of 89°59'01", of which the long chord bears S.88°44'21"W., 28.28 feet; thence, tangent from said curve, 6. S.43044'51"W., 459.17 feet to the POINT OF BEGINNING. CONTAINING: 0.774 Ac. ��,t�NL LAND ' 13765 LP 7i2,yLi23�o 9TE OF \OP 0'MNz 332 N. Broadmore Way I Narupa, ID 83687 1 208.442.6300 1 www.ardurra.com OC� 2023 ARDURRA GROUP INC. THIS INSTRUMENT IS THE PROPERTY OF ARDURRA. ANY REPRODUCTION, REUSE OR MODIFICATION OF THIS INSTRUMENT OR ITS CONTENTS WITHOUT SPECIFIC WRITTEN PERMISSION OF ARDURRA IS STRICTLY PROHIBITED. EXHIBIT SKETCH - TATES WAY RIGHT-OF-WAY VACATION LOCATED IN A PORTION OF THE SE114 OF THE NE1A OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 3 WEST BOISE MERIDIAN, CITY OF CALDWELL, CANYON COUNTY, IDAHO EXHIBIT "B" 2023 CURVE TABLE CURVE RADIUS LENGTH DELTA BEARING CHORD Cl 20.00' 31.42' 90'00'59" N1'15'39"W 28.29' C2 20.00' 31.41' 89'59'01" S88'44'21"W 28.28' / -•: O'REILLY �/ SUBDIVISION No.1 �9 �pA9. d l� �1 06, aF .''0 9l� C2 / / RIGHT-OF-WAY VACATION 0.774 AC. 0' 50' 100, 200' SCALE: 1" = 100' LAND 13765 lF OF SOP \e 0'M Avg/ MEMORANDUM TO: Caldwell City Council Meeting Date November 7 , 2023 CALDWELL AGENDA ITEM INFORMATION SUBJECT. Finalize Right -of -Way Vacation of Unopened Public Right -of -Way at Tates Way. Waive three- reading requirement Department Submittals X to mark Initia s Department -Building CDBG Clerk City Attorney Finance Department Human Resources & Zoning -Planning Fire Department Police Department Public Works X Street Department Water Department WWTP Engineering Mapping COSTIMPACT. N/A Parks and Recreation FUNDING SOURCE: N/A Airport Information Systems TIMELINE: N/A Golf Course OTHER: UMMARYSTATEMENT: Issac Josifek on behalf of Tates Rents Development requests finalization of a conditional vacation that was pre -approved under Resolution No. 166-23. The purpose of the vacation is to prepare for development at 5723 and 5801 Cleveland Blvd Public utilities were notified and have no objections to the vacation. The proposed vacation does not create any landlocked parcels. RECOMMENDED ACTION: It is the recommendation of the Public Works Director that Council finalize the proposed vacation.