HomeMy WebLinkAboutOrdinance 3742 - EventCenterROW_Vacation (2)
BILL NO. 78 ORDINANCE NO. 3742 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 within the Caldwell Event Center area adjacent to Blaine St. and connecting to S. 22nd Ave. These portions of right-of-way are carry-over from old plats that are no longer valid nor utilized, as evidenced by multiple structures
being located within said right-of-way. This property is generally located in the NW ¼ of the SW
¼ and the SW ¼ of the NW ¼ of Section 26 and the NE ¼ of the SE ¼ and the SE ¼ of the NE ¼ of Section 27, Township 4 North, Range 3 West, Boise Meridian, City of Caldwell, Canyon County, 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 (Exhibit A) and depicted (Exhibit B) right-of-way
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 is no longer available to be used by the public due to its connection being closed;
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 absorbed into the adjacent City owned parcels (R0151600000 & R3531301000) as City owns all adjacent property to said right of way.
b. That all existing utility lines and utility services, including any city water or sewer main,
shall remain and any appropriate easements shall be created for said city utilities, 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.
c. PETITIONER shall incur all cost related to said vacation.
d. 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 property
owner(s), 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 2nd day of March 2026.
APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 2nd day of March
2026.
ATTEST:
City Clerk Mayor
CANYON COUNTY FAIR GROUNDS
RIGHT OF WAY VACATION LEGAL DESCRIPTION
A PORTION OF THE NW1/4 OF THE SW1/4 AND THE SW1/4 OF THE NW1/4 OF SECTION 26
AND THE NE1/4 OF THE SE1/4 AND THE SE1/4 OF THE NE1/4 OF SECTION 27 TOWNSHIP 4 NORTH,
RANGE 3 WEST, BOISE MERIDIAN CITY OF CALDWELL, CANYON COUNTY, IDAHO MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE 1/4 CORNER COMMON TO SECTIONS 26, AND 27, T.4N., R.3W., B.M., CITY OF
CALDWELL, CANYON COUNTY, IDAHO.
THENCE N 89°57’55” E COINCIDENT WITH TH NORTH LINE OF THE NW1/4 OF THE SW1/4 OF SAID
SECTION 26, A DISTANCE OF 98.36 FEET AND THE POINT OF BEGINNING;
THENCE LEAVING SAID NORTH LINE AND PARALLEL WITH THE NORTHEASTERLY RIGHT-OF-WAY OF
BLAINE ST. S 46°12’34” E, 616.93 FEET;
THENCE S 43°46’23” W, PARALLEL WITH THE SOUTHEASTERLY RIGHT-OF-WAY OF S. 22ND AVE., 336.00
FEET TO A POINT ON SAID NORTHEASTERLY RIGHT-OF-WAY;
THENCE N 46°12’34” W, COINCIDENT WITH SAID NORTHEASTERLY RIGHT-OF-WAY, 80.00 FEET;
THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY N 43°46’23” E, PARALLEL WITH SAID
SOUTHEASTERLY RIGHT-OF-WAY, 256.00 FEET;
THENCE N 46°12’34” W, PARALLEL WITH SAID NORTHEASTERLY RIGHT-OF-WAY, 300.00 FEET;
THENCE S 43°46’23” W, PARALLEL WITH SAID SOUTHEASTERLY RIGHT-OF-WAY, 256.00 FEET TO A POINT
ON SAID NORTHERLY RIGHT OF WAY;
THENCE N 46°12’34” W, COINCIDENT WITH SAID NORTHEASTERLY RIGHT-OF-WAY, 80.00 FEET;
THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY N 43°46’23” E, PARALLEL WITH SAID
SOUTHEASTERLY RIGHT-OF-WAY, 256.00 FEET;
THENCE N 46°12’34” W, PARALLEL WITH SAID NORTHEASTERLY RIGHT-OF-WAY, 300.00 FEET TO A
POINT ON SAID EASTERLY RIGHT-OF-WAY;
THENCE N 43°46’23” E, COINCIDENT WITH SAID SOUTHEASTERLY RIGHT-OF-WAY, 80.00 FEET;
THENCE LEAVING SAID SOUTHEASTERLY RIGHT-OF-WAY, S 46°12’34” E PARALLEL WITH SAID
NORTHEASTERLY RIGHT-OF-WAY 143.07 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIPTION CONTAINS 2.34 ACRES MORE OR LESS.
EXHIBIT A
N 89°57'55" E 1333.12'S 0°27'21" W 1234.25'N 89°55'47" W 1327.95'
N 43°4
6'
2
3
"
E
80.00'
S
4
6
°
1
2
'
3
4
"
E
7
6
0
.
0
0
"
S 43°
4
6'
2
3
"
W
3
3
6
.
0
0'
N
4
6
°
1
2
'
3
4
"
W
80
.
0
0
'
N 43°
4
6'
2
3
"
E
2
5
6
.
0
0'
N
4
6
°
1
2
'
3
4
"
W
3
0
0
.
0
0
'
S 43°
4
6'
2
3
"
W
2
5
6
.
0
0'
N
4
6
°
1
2
'
3
4
"
W
80
.
0
0
'
N 43°4
6'
2
3
"
E
2
5
6
.
0
0'
N
4
6
°
1
2
'
3
4
"
W
3
0
0
.
0
0
'
1/4 COR.
SEC. 27/26
W1/16 COR.
SEC. 26
SW1/16 COR.
SEC. 26
S1/16 COR.SEC. 27/26
N 43°
4
6'
2
3
"
E
1
1
2
7
.
9
5
464.0
0'
256.00'S
4
6
°
1
2
'
3
4
"
E
1
9
2
4
.
5
6
'
S 43°5
3
'
4
0
"
W
3
2
8
.
0
3'
N
4
6
°
0
8
'
4
3
"
W
7
3
8
.
6
1
'
22nd S
T
.
30
0
.
0
0
'
30
0
.
0
0
'
61
7
.
0
7
'
40.00'
40.00'
N
4
6
°
1
2
'
3
4
"
W
1
3
7
7
.
0
7
'
N
4
6
°
1
2
'
3
4
"
W
1
3
7
7
.
0
7
'
248.0
3'
98.36'1234.76'
L
B
L
A
I
N
S
T
.
POB
14
3
.
0
7
'
61
6
.
9
3
'
C
N
4
6
°
1
2
'
3
4
"
W
5
4
5
.
7
9
'N 0°13'57" E 1321.78'NE1/4SE1/4SE1/4NE1/4NW1/4SW1/4
SW1/4SW1/4
SW1/4NW1/4
2.
3
4
A
C
R
E
S
OF1 1
EXHIBIT B
CANYON COUNTY FAIR GROUND
RIGHT OF WAY VACATION
A PORTION OF THE NW1/4 OF THE SW1/4 AND THE SW1/4 OF THE NW1/4 OF SECTION 26
AND THE NE1/4 OF THE SE1/4 AND THE SE1/4 OF THE NE1/4 OF SECTION 27
TOWNSHIP 4 NORTH, RANGE 3 WEST, BOISE MERIDIAN
CITY OF CALDWELL, CANYON COUNTY, IDAHO