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HomeMy WebLinkAboutORD 1035i I BILL NO. 15 2I ORDINANCE NO. 1835 3 BY COUNCILMAN VASSAR 4'I AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION OF ORDINANCE NO. 1032; DETERMINING THAT NO OBJECTIONS TO THE VACATION 5 OF THE SOUTH 5 FEET OF THAT CERTAIN STREET KNOWN AS HILLCREST LANE AS THE SAME ABUTS AND IS ADJACENT TO TRACT 2 (ALSO DESCRIBED AS 6 BLOCK 2 AND LOT 2) OF HILLCREST SUBDIVISION OF THE NORTH HALF OF THE SOUTHWEST QUARTER (ASW AND THE NORTHWEST QUARTER OF THE 7 SOUTHEAST QUARTER (NW 8EI) OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 3 JEST of THE BOISE MERIDIAN, IN CANYON COUNTY, IDAHO, AS SHOWN BY s THE OFFICIAL PLAT OF SAID SUBDIVISION ON FILE AND OF RECORD IN THE OFFICE OF THE RECORDER OF CANYON COUNTY, IDAHO, HAVE BEEN MADE OR 9 FILED AND THAT NO CLAIM OR CLAIMS FOR DAMAGES WHICH WOULD BE SUS- TAINED BY REASON THEREOF HAVE BEEN FILED; DETERMINING THAT THE 10 VACATION OF THE SOUTH 5 FEET OF THAT CERTAIN STREET KNOWN AS HILL - CREST LANE AS THE SAME ABUTS AND IS ADJACENT TO TRACT 2 (ALSO DES - 11 CRIBED AS BLOCK 2 AND LOT 2) OF HILLCREST SUBDIVISION OF THE NORTH HALF OF THE SOUTHWEST QUARTER (NZS14 -) AND THE NORTHWEST QUARTER OF 12 THE SOUTHEAST QUARTER (NW'SE') OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 3 WEST OF THE BOISE MERIDIAN, IN CANYON COUNTY, IDAHO, AS 13 SHOWN BY THE OFFICIAL PLAT OF SAID SUBDIVISION ON FILE AND OF RE- CORD IN THE OFFICE OF THE RECORDER OF CANYON COUNTY, IDAHO, IS TO 14 THE BEST INTEREST AND ADVANTAGE OF THE CITY OF CALDWELL, ITS CITI- ZENS AND PROPERTY OWNERS; DETERMINING THAT NO DAMAGE WILL BE SUS - �ma 15 TAINED BY ANY CITIZEN OR PROPERTY OWNER BY REASON OF THE VACATION �.� OF THE SOUTH 5 FEET OF THAT CERTAIN STREET KNOWN AS HILLCREST LANE aoa 16 AS THE SAME ABUTS AND IS ADJACENT TO TRACT 2 (ALSO DESCRIBED AS BLOCK 2 AND LOT 2) OF HILLCREST SUBDIVISION OF THE NORTH HALF OF 0 17 THE SOUTHWEST QUARTER (N-ISW,') AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (l\TWW1SEf ) OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 1s 3 WEST OF THE BOISE MERIDIAN, IN CANYON COUNTY, IDAHO, AS SHOWN BY THE OFFICIAL PLAT OF SAID SUBDIVISION ON FILE AND OF RECORD IN THE 19 OFFICE OF THE RECORDER OF CANYON COUNTY, IDAHO; PROVIDING THAT THE TITLE TO THE SOUTH 5 FEET OF THAT CERTAIN STREET KNOWN AS HILLCREST 20 LANE AS THE SAME ABUTS AND IS ADJACENT TO TRACT 2 (ALSO DESCRIBED AS BLOCK 2 AND LOT 2) OF HILLCREST SUBDIVISION OF THE NORTH HALF OF 21 THE SOUTH14EST QUARTER (N SW-,) AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (NW ) OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 22 3 WEST OF THE BOISE MERIDIAN, IN CANYON COUNTY, IDAHO, AS SHOWN BY THE OFFICIAL PLAT OF SAID SUBDIVISION ON FILE AND OF RECORD IN THE 23 OFFICE OF THE RECORDER OF CANYON COUNTY, IDAHO, AS VACATED, SHALL REVERT TO THE PERSONS DEDICATING THE SAME, THEIR SUCCESSORS, HEIRS 24 OR ASSIGNS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT HEREWITH AND PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE 25 AND ITS TAKING EFFECT. 26 Be it ordained by the Mayor and Council of the City of 27 Caldwell, Idaho: 28 Section 1. That by Ordinance No. 1032, passed by the 29 Council and approved by the Mayor Of the City of Caldwell, Idaho, 30 on the 3rd day of August, 1964 and published in The News - Tribune, 31 a newspaper published in the City of Caldwell, Idaho, in One issue 32 thereof on the 8th day of August 1964 notice was given to all • 01 ®a� 4J o a xoa U P 6 11 U 13 14 15 16 17 1& 19 20 21 22 24 26 citizens and owners of property in the City of Caldwell, Idaho, that an application has been presented to the Mayor and Council of the City of Caldwell requesting the passage and approval of an ordinance vacating the South 5 feet of that certain street known as Hillcrest Lane as the same abuts and is adjacent to Tract 2 (also described as Block 2 and Lot 2) of Hillcrest Subdivision of the North Half of the Southwest Quarter (N23w4) and the Northwest Quarter of the Southeast Quarter (Nw' -) of Section 23, Township 4 Borth, Range 3 West of the Boise Meridian, in Canyon County, Idaho, as shown by the official Plat of said Subdivision on file and of record in the office of the Recorder of Canyon County, Idaho, which ordinance provided the manner for filing claims for damages which would be sustained by the vacating of the South 5 feet of that certain street known as Hillcrest Lane above described. Section 2. That no objections to the granting of said application have been made or filed and no claim or claims for damages which would result therefrom; and it is hereby determined that no citizen of or owner of property of the City of Caldwell, Idaho, will be damaged or injured by the vacation of the South 5 feet of that certain street known as Hillcrest Lane as the same abuts and is adjacent to Tract 2 (also described as Block 2 and Lot 2) of Hillcrest Subdivision of the North Half of the Southwest Quarter (N2I-SW -) and the Northwest Quarter of the Southeast Quarter (P1W SE ) of Section 23, Township 4 North, Range 3 West of the Boise Meridian, in Canyon County, Idaho, as shown by the official Plat of said subdivision on file and of record in the office of the Recorder 2711 of Canyon County, Idaho, and that it is in fact to the best interest 24 and advantage of the City of Caldwell, Idaho, and its citizens and its property owners that the above described South 5 feet of that certain street known as Hillcrest Lane be vacated. Section 3• Be it ordained and established that the South 5 feet of that certain street known as Hillcrest Lane as the same I 3 oar F1 F A zma 0 1 abuts and is adjacent to Tract 2 (also described as Block 2 and Lot 2, 2) of Hillcrest Subdivision of the North Half of the Southwest 3 Quarter (N'SWI) and the Northwest Quarter of the Southeast Quarter 4 (NF3',SE,l of Section 23, Township 4 North, Range 3 West of the Boise 5 Meridian, in Canyon County, Idaho, as shown by the official Plat of 6 said subdivision on file and of record in the office of the Recorde 1 131 14 15 16 17 is 19 20 21 22 23 27 of Canyon County, Idaho, from and after the passage, approval and publication of this ordinance, shall be vacated, and that the said South 5 feet of that certain street known as Hillcrest Lane shall no longer be open or subject to the use of the public, and there- upon the title to said South 5 feet of that certain street known as Hillcrest Lane as the same abuts and is adjacent to Tract 2 (also described as Block 2 and Lot 2) of Hillcrest Subdivision of the North Half of the Southwest Quarter (N-SW ) and the Northwest Quarter of the Southeast Quarter (NW-1 of Section 23, Township 4 North, Range 3 West of the Boise Meridian, in Canyon County, Idaho, as shown by the official Plat of said subdivision on file and of record in the office of the Recorder of Canyon County, Idaho, 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 street therein. 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 the South 5 feet of that certain street known as Hillcrest lane has been filed or made, it is hereby determined that no damages will be sustained by the citizens of or owners of pro- perty in the City of Caldwell, Idaho, by reason of the vacation of said South 5 feet of that certain street known as Hillcrest Lane above described. 31 Section 5. That all ordinances or parts of ordinances 32 in conflict herewith are hereby repealed. • • 1I PASSED By the Council of the City of Caldwell, this 8th 2 day of September, 1964. 3 APPROVED By the Mayor of the City of Caldwell, this 8th 4I day of September, 1964. 6 j Iviayor ATTEST � 77 ity Cle 12 13.', I � 00 14 �FN 46®1 15 a�a 16 17 I 16 19 23 24 25 26