HomeMy WebLinkAboutORD 3577BILL NO. 15
ORDINANCE NO. 3577
2024-006771
RECORDED
03/06/2024 03:13 PM
1111111111111111111111111111111111111111111*1111
2400067710040044
RICK HOGABOAM
CANYON COUNTY RECORDER
Pgs=4 TYOUREN NO FEE
ORDINANCE
CALDWELL CITY OF
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO,
RECITING PETITION FOR VACATION OF PUBLIC RIGHT-OF-WAY AT 821 16TH
AVENUE CALDWELL, IDAHO 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 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 PUBLIC RIGHT-OF-
WAY described below located in Caldwell, Canyon County, Idaho:
Legal description for the vacation of public RIGHT-OF-WAY, generally vacating a part of the
Southwest'/4 of Section 23, Township 4 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 PUBLIC RIGHT-OF-WAY 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 RIGHT-OF-
WAY 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 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 5. That all existing utility lines and utility services, including City water and sewer shall
be granted appropriate easements concurrently with the recording of this Ordinance. Subject
utilities are;
• Idaho Power — Domes Church Apartments, LLC 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.
• Caldwell City Waterline — Domes Church Apartments, LLC will provide
easement to be recorded along with the Vacation Ordinance.
• Caldwell City Sewer - Domes Church Apartments, LLC will provide easement to
be recorded along with the Vacation Ordinance.
• Intermountain Gas — Domes Church Apartments, LLC 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
Monica Taylor at Intermountain Gas.
• Centurylink - Domes Church Apartments, LLC 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
Centurylink.
Section 6. PETITIONER shall incur all cost related to said vacation.
Section 7. 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 Domes Church
Apartments, LLC 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 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 5th day of
March 2024
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 5th day of
March 2024
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Mayor hWr -Wagoner , .•1890
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City Clerk
22 23
22 23 WEST QUARTER CORNER OF SECTION 23.
R3W, BM (FOUND
EXHIBIT "A"
(FOUND 3- BRASS CAP MONUMENT,
CP&F NO. 200000651)
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POINT OF
BEGINNING
N 89'44'10' E 634.29'
RIGHT-OF-WAY AND PRESCRIPTIVE
UTILITY RIGHTS VACATION
21,668 SQ. FT.
0.497 ACRES
Ni E 414.71'
S 89°30'12' W 444.51'
kN 0-2140.1 W w
40,03'
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(O
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SOUTHWEST CORNER OF SECTION 23,
T4N, R3W, BM
(FOUND 3- BRASS CAP MONUMENT,
22 23 CP&F NO. 200403013)
27 26
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S 1°30'32" E� \
34 14
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RIGHT-OF-WAY AND PRESCRIPTIVE UTILITY RIGHTS VACATION DESCRIPTION
0- ND
A PART OF THE SOUTHWEST QUARTER OF SECTION 23. TOWNSHIP 4 NORTH, RANGE 3 WEST, BOISE MERIDIAN,
CALDWELL CITY, CANYON COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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>cENS 40
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 23; AND RUNNING THENCE SOUTH O'15'50"EAST
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1 /8/24
1106.69 FEET ALONG THE SECTION LINE AND NORTH 89*44'10* EAST 634.29 FEET TO A POINT ON THE
SOUTHERLY RIGHT-DF-WAY LINE OF INTERSTATE 84 AND THE TRUE POINT OF BEGINNING:
R'
17793
THENCE SOUTH 61'30'32'EAST 34.14 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE:
0-
THENCE SOUTH 0619'35'EAST 173.67 FEET;
OF
THENCE SOUTH 89'30'12'WEST 444.51 FEET;
TyAN B. $'
THENCE NORTH 0'21'40'WEST 40.03 FEET;
THENCE NORTH 89'44'45'EAST 414.71 FEET;
THENCE NORTH 0'21'40'WEST 151.94 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID INTERSTATE 84
AND THE POINT OF BEGINNING.
CONTAINS 21,668 SO. FT. OR 0.497 ACRES
RIGHT-OF-WAY AND PRESCRIPTIVE
UTILITY RIGHTS VACATION
821 NORTH 16TH AVENUE
CALDWELL, IDAHO
ANNNIFS :
LAND N D SURVEYING
O NND
Monday, December 18, 2023
Project No.: 23-077
LEGAL DESCRIPTION
RIGHT-OF-WAY AND PRESCRIPTIVE UTILITY RIGHTS VACATION DESCRIPTION
821 NORTH 16TH AVENUE
A PART OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 3 WEST,
BOISE MERIDIAN, CALDWELL CITY, CANYON COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 23; AND RUNNING THENCE
SOUTH 0015'50" EAST 1106.69 FEET ALONG THE SECTION LINE AND NORTH 89044,10" EAST
634.29 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 84 AND THE
TRUE POINT OF BEGINNING;
THENCE SOUTH 61030'32" EAST 34.14 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE;
THENCE SOUTH 0019'3S" EAST 173.67 FEET;
THENCE SOUTH 89030'12" WEST 444.51 FEET;
THENCE NORTH 0021'40" WEST 40.03 FEET;
THENCE NORTH 89044'45" EAST414.71 FEET;
THENCE NORTH 0021'40" WEST 151.94 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID
INTERSTATE 84 AND THE POINT OF BEGINNING.
CONTAINS 21,668 SQ. FT. OR 0.497 ACRES
1 /8/24
17793
B.
Prepared By: Nathan B Weber, PLS
Diamond Land Surveying I www.diamondlandsurveying.com