HomeMy WebLinkAboutOrdinance 3692 - 13th and Albany Vacation (2)
BILL NO. 40 ORDINANCE NO. 3692 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 approximate 80’ wide portion of N. 13th Avenue public right-of-way between Albany Street and the public alley, as shown on the plat of Caldwell Original, Caldwell, Canyon County, Idaho, and of record in said County. This property is generally located in the SW ¼ of the SE ¼ of Section 22, Township 4 North, Range 3 West, Boise Meridian, Caldwell,
Canyon County, 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 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 3. 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 4. 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.
c. That said right of way has been assigned a property value of $50,000 by the City of Caldwell and City shall receive compensation in the form of services in exchange for monetary compensation, for said vacated right of way.
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 5. 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 6. 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 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 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, this _____ day of , 2025.
ATTEST:
City Clerk Mayor