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Home My WebLink AboutORD 3689ve Div o atO� and �eLot "7� e � �y- Canyon County Recorder's Office Document Cover Sheet 2025-013481 RECORDED 04/22/2026 02:19 PM •+�s. tot nit 111110 0 92�•� � • � � �� u..r- 00862920250013481005005b RICK HOGABOAM CANYON COUNTY RECORDER Pgs=5 JWINSLOW NO FEE ORDINANCE CALDWELL C'.TY OF 2025-013695 RECORDED 04/24/2025 09: 26 AM Illlllllllllllllllllllllllllll Illlilillllllllllll 00863225202500136950050050 RICK HOGABOAM CANYON COUNTY RECORDER Pgs=5 JWINSLOW NO FEE ORDINANCE CITY OF CALDWELL SCANNED BILL NO. 37 ORDINANCE NO. 3689 AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE WAS GIVEN OF PUBLIC HEARING; DETERMINING THAT VACATION OF SAID PUBLIC RIGHT-OF-WAYS IN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING THAT VACATION OF SAID FOLLOWING RIGHT-OF-WAYS ARE IN THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL, CANYON COUNTY, IDAHO. This ordinance vacates that portion of public right-of-way between Andy Lane and the Canyon Hill / 500 Lateral, all as shown on the plat of City View Tracts, Caldwell, Canyon County, Idaho, and of record in said County. This property is generally located in the NE'/4 of the NE'/4 of Section 26, Township 4 North, Range 3 West, County of Canyon, 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 statutory notice having been given to all property owners within three hundred (300) feet 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 attached described right-of-way (Exhibit A) located in Caldwell, Canyon County, Idaho, and a public hearing held by the Council; Section 2. That Council finds the public right-of-way vacated by this instrument has not been opened or used by the public for a period of five (5) years; Section 3. That Council finds the owners of all properties abutting right-of-way vacated by this action, and not consenting in writing to the same, have access to his, her, or their property from some other public street, public right-of-way or private road; Section 4. That said right-of-ways do not contain public or private utility lines that cannot feasibly be relocated or retained through the establishment of appropriate easements, which are to be created and recorded by separate instruments. Section 5. This vacation is subject to the following precedent conditions: a. That said vacated right of way will be equally divided between each adjacent property owner. b. That all existing utility lines and utility services, including any city water or sewer main, shall be relocated upon such terms and to such locations as approved by the Caldwell City Engineer and all affected utility companies or appropriate easements granted for any such utility lines or utility services subject to the same. d. PETITIONER shall incur all cost related to said vacation. e. PETITIONER shall maintain any and all existing easements within the vacated right-of- way described herein. Section 6. That it is hereby determined it is in the best interest of the public that the above -described right-of-ways in the City of Caldwell, Canyon County, Idaho be vacated. Section 7. 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 8. 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 adjacent private property owners, one-half to each side, in accordance with Section 50-311, Idaho State Code. %PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this day of 2025. APPROVED BY THE MAYOR of the City of Caldwell, Idaho, thisday of 2025. ATTEST: a City Clerk OV CAt,0 ••'•. . 00 JAN 15 Cougv EXHIBIT A Skinner Land Survey 17842 Sand Hollow Road Caldwell, Idaho 83607 (208)454-0933 WWW.SKINNERLINMURYEY.COM surpeys&klnnerlandsurpey.com Legal Description for DS Properties LLC Job No. OC 1424 Exhibit A 50.00 Foot Right of Way Vacation Thomas .1. Wellard, PLS Rodney Clark, PE Zane Laufenherg, PLS December 27, 2024 This parcel is a portion of the NE'/4 NE'/4 of Section 26 in Township 4 North, Range 3 West of the Boise Meridian, Canyon County, Idaho and is more particularly described as follows: COMMENCING at the Southeast corner of said NE '/4 NE 1/4, (S1116E Comer, Section 26); thence North 89*56'21" West, along the South boundary of the NE'/4 NE 'A, a distance of 363.16 feet to the TRUE POINT OF BEGINNING, a point on the centerline of the Caldwell Highline Canal; thence continuing along said South boundary North 89°56'21" West a distance of 471.59 feet to a point on the East right of way of Andy Lane; thence along said East right of way North 24°08'36" West a distance of 25.82 feet; thence North 20°30' 11 " West along said East right of way a distance of 28.25 feet; thence South 89*5621" East a distance of 479.09 feet to a point on the centerline of the Caldwell Highline Canal; thence South 14*31'27" East along said centerline a distance of 51.67 feet to the TRUE POINT OF BEGINNING, said parcel being 0.546 acres more or less, and being subject to any and all easements and rights of way of record or implied. This description was written with the record data found on Canyon County Instrument Number 2020006205. Page 1 of 1 MAV.9Zo0S ,..._._..._..._._ ££'9Z£6 1 n I m Cl) o cia I� ` 8Z 4Z£ Vf r i II � 11.1 i W I � d LU TIN w z ' 1�M Z COcqN� �� U)(�Z N N 0 v � ` L � 1 Q IN CV w �7il)ir z,0 0 1 coil 1> a> z 0 0 ch 1 R `�� 6 E m Z Z Cn 0 --SSW, Z N Co %A A�•1D / / S2 / / I / i / 1 ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 3689 REGARDING VACATION OF CERTAIN PROPERTY AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE WAS GIVEN OF PUBLIC HEARING; DETERMINING THAT VACATION OF SAID PUBLIC RIGHT-OF-WAYS IN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING THAT VACATION OF SAID FOLLOWING RIGHT-OF-WAYS ARE IN THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL, CANYON COUNTY, IDAHO. Ordinance No. 3689, provided for the Vacation of public right-of-way between Andy Lane and the Canyon Hill / 500 Lateral, all as shown on the plat of City View Tracts, Caldwell, Canyon County, Idaho, and of record in said County, more particularly described as follows: COMMENCING at the Southeast corner of said NE'/, NE V4, (SI/16E Corner, Section 26); thence North 89°56'21" West, along the South boundary of the NEV4 NEV4, a distance of 363.16 feet to the TRUE POINT OF BEGINNING, a point on the centerline of the Caldwell Highline Canal; thence continuing along said South boundary North 89°56'21" West a distance of 471.59 feet to a point on the East right of way of Andy Lane; thence along said East right of way North 24°08'36" West a distance of 25.82 feet; thence North 20°30' 1 P West along said East right of way a distance of 28.25 feet; thence South 89°56'21" East a distance of 479.09 feet to a point on the centerline of the Caldwell Highline Canal; thence South 14°31'27" East along said centerline a distance of 51.67 feet to the TRUE POINT OF BEGINNING, said parcel being 0.546 acres more or less, and being subject to any and all easements and rights of way of record or implied. Section 1. This ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. Section 2. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. Section 3. All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed. Ordinance No. 3689 was passed by the Council and approved by the Mayor on the 21" day of April 2025. The full text of the Ordinance is available at Caldwell City Hall, 205 S 6th Ave, Caldwell, Idaho 83605. The Mayor and City Council approved the foregoing summary on the 21" day of April 2025, for publication on the 29 h day of April 2025, pursuant to Idaho Code § 50- 901 A. STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance No. 3689 and provides adequate notice to the public as to the contents of such ordinance. DATED this 2 1 " day of April, 2025. Oscar Klaas, Attorney for City of Caldwell