HomeMy WebLinkAboutORD 1020 Vacation of R-O-W - O'Hara StreetBILL NO. 23
ORDINANCE NO. 102
BY COUNCILMAN SHORB
AN ORDINANCE DETERMINING THAT THE VACATION OF THAT PART OF
O'HARA STREET LYING BETWEEN NORTH OHIO AVENUE AND NORTH MICHIGAN
AVENUE IS TO THE BEST INTEREST AND ADVANTAGE OF THE CITY OF
CALDWELL, ITS.CITIZENS AND PROPERTY OWNERS; DETERMINING THAT NO
DAMAGE WILL BE SUSTAINED BY ANY CITIZEN OR PROPERTY OWNER BY
REASON OF THE VACATION OF SAID STREET; PROVIDING THAT THE TITLE
TO SAID STREET AS VACATED SHALL REVERT TO THE PROPERTY ADJOINING
THE SAME; REPEALING ALL ORDINANCES OR PARTS OF,ORDINANCES 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 the proceedings before
the City Council of the City of Caldwell, Idaho, and upon the
petition and consent of the owners of all property adjoining
O'Hara Street between North Ohio Avenue and North Michigan Avenue
the Mayor and City Council of the City of Caldwell have determine
that the vacation hereinafter described is in the best interest
of the City of Caldwell and its citizens, and that no person
not consenting to such vacation will be damaged thereby. That
said property so vacated is particularly described as follows,
to -wit:
That part of a street known as O'Hara Street from
North Ohio Avenue to North Michigan Avenue, more
particularly described as follows:
Beginning at the Northeast corner of Block 3 of
Murray Addition to the City of Caldwell, Idaho,
as shown on the official plat thereof of record
and on file in the office of the County Recorder
of Canyon County, Idaho; thence West along the
North line of said Block 3, 279.12 feet to the
Northwest corner of said Block 3; thence North
50 feet to the Southwest corner of Block 4 of
said Murray Addition; thence East along the South
line of said Block 4, 279.12 feet to the Southeast
corner of said Block 4; thence South 50 feet to
the point of beginning;
Excepting therefrom the following described tract
for the purpose of an easement for the existing
sewer line:
LAW Ommg -1-
SMITH & MILLER
CALDWELL. IDAHO
A
Beginning at a point in the North line of Block
3 of said Murray Addition which is 123.56 feet
West of the Northeast corner of said Block 3;
thence West along the North line of said Block
3, 16 feet; thence North 50 feet to a point in
the South line of Block 4 of said Murray Addition,
which is 139.56 feet West of the Southeast corner
of said Block 4; thence East along the South line
of said Block 4, 16 feet; thence South 50 feet to
the point of beginning;
Said easement to remain dedicated for the purpose
of repairing and maintaining the existing sewer
line and its appurtenances and upon which the City
of Caldwell reserves the right of ingress and
egress for the purpose herein set forth and no
structure other than those for such utility purpose
is to be erected within the limits of said easement.
Section 2. BE IT ORDAINED AND ESTABLISHED That the
above described street, from and after the passage, approval
and publication of this ordinance, shall be vacated and that
said street shall no longer be open or subject to use by the
public; and thereupon the title to said street shall 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 3. That there shall be retained to the public
existing easement for sewers and other utilities.
Section 4. 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 therein,
by reason of the vacation of said street 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 street.
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LAW OFFICES
SMITH & MILLER
CALDWELL, IDAHO
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Section 5. That all ordinances or parts of ordinances
in conflict herewith are hereby repealed.
PASSED By the Council this 6th day of November, 1963.
APPROVED By the Mayor this 6th day of November, 1963.
ATTEST:
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LAW OFRI=5
SMITH & MILLER
CALDWELL, IDAHO