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HomeMy WebLinkAboutORD 1010 Vacation of R-O-W - Blomquist Ave.0 0 BILL NO. 13 ORDINANCE NO. 1010 BY COUNCILMAN SMITH AN ORDINANCE RECITING THAT DUE AND PROPER NOTICE HAS BEEN GIVEN FOR THE HEARING ON VACATING CERTAIN STREETS AND ALLEYS AND DET- ERMINING THAT NO OBJECTIONS HAVE BEEN MADE AND FILED TO THE VACATION OF THE STREETS AND ALLEYS; BEING THE EAST 25 FEET OF BLOMQUIST AVENUE, AS THE SAME ARE SHOWN ON THE OFFICIAL PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECOR DER OF CANYON COUNTY, IDAHO; DETERMINING THAT THE VACATION OF SAID STREETS AND ALLEYS IS TO THE BEST INTEREST AND ADVANTAGE OF THE CITY OF CALDWELL, ITS CITIZENS AND PROPERTY OWNERS; DETE MINING THAT NO DAMAGE WILL BE SUSTAINED BY ANY CITIZEN OR PRO- PERTY OWNER BY REASON OF THE VACATION OF SAID ALLEYS; PROVIDING THAT THE TITLE TO SAID STREETS AND ALLEYS AS VACATED SHALL REVERT TO THE PERSONS DEDICATING THE SAME, THEIR SUCCESSORS, HEIRS OR ASSIGNS; REPEALING ALL ORDINANCES OR PARTS OF ORDIN- ANCES IN CONFLICT HEREWITH AND PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE AND ITS TAKING EFFECT. BE IT ORDAINED By the Mayor and Council of the City of Caldwell, Idaho: Section 1. That pursuant to resolution of the City Council passed on the 27th day of June, 1963, notice was given as required by law by publication in the News- Tribune, a news- paper published in the City of Caldwell, Idaho, in one issue thereof on the 29th day of June, 1963, which gave notice to all citizens and owners of property in the City of Caldwell that on the 8th day of July, at the hour of eight o'clock p.m., a public hearing would be held wherein objections could be presented opposing the vacating of certain streets and alleys, particularly described as follows, to -wit: The East twenty -five feet of Blomquist Avenue, more particularly described as follows: Beginning at the Northwest corner of Tract 17 of the Industrial Site Addition to the City of Caldwell, Idaho, as shown on the official plat thereof on record in the Office of the Recorder of Canyon County, Idaho; thence West on the North line of said Tract 17 extended, 25 feet; thence South to a point which is 25 feet West and on the South line extended of the Southwest corner of Tract 37 of said Industrial Site Addition; thence East 25 feet to the Southwest corner of said Tract 37; thence North to the point of beginning. LAW 0 FICFA SMITH & MILLER CALDWELL. IDAHO 0 0 .` Section 2. That no objections having been made to vacating said streets and alleys, and no claim or claims having been made for damages which would result therefrom; it is hereby determined that no citizens of, or owners of property in, the City of Caldwell, will be damaged or injured by the vacation of the streets and alleys as described herein, and that it is to the best interests and advantage of the City of Caldwell and its citizens and property owners that the above described streets and alleys be vacated. Section 3. BE IT ORDAINED AND ESTABLISHED That the alleys and streets above described, from and after the passage approval and publication of this ordinance, shall be vacated and that said alleys and streets shall no longer be open or subject to use by the public; and thereupon the title to said alleys and streets shall pass and revert to the persons dedicating the same or their successors, heirs and assigns, free of all easement and dedication heretofore existing for a public way therein. Section 4. That there shall be retained to the public existing easement for sewers and other utilities. Section 5. It appearing that no claim or claims for damages sustained by any citizen or citizens of the City of Caldwell, Idaho, or by any owner or owners of property there- in, by reason of the vacation of said alleys and streets has been filed or made, it is hereby determined that no damages will be sustained by the citizens of or owners of property in the City of Caldwell, Idaho, by reason of the vacation of said alleys and streets. Section 6. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. -2- LAW 0 FICES SMITH & MILLER CALDWELL. IDAHO t • '% PASSED By the Council this 8th day of July, 1963. APPROVED By the Mayor this 8th day of July, 1963. Mayor ATTEST: City Cjet — 3— LAW 0 Fi=s Smirm & MILLER CALDWELL, IDAHO