HomeMy WebLinkAboutORD 1039r
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BILL NO. 2
ORDINANCE NO. 1039
BY COUNCILMAN VASSAR
4 AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION OF
ORDINANCE NO. 1038 DETERMINING THAT NO OBJECTIONS TO THE VACATION
5 OF ALL THAT PORTION OF AIRPORT AVENUE IN THE SOUTHEAST QUARTER OF
SECTION 21, TOWNSHIP 4 NORTH, RANGE 3 WEST OF THE BOISE MERIDIAN,
6 ADJACENT AND WESTERLY OF LOTS 1, 15, 28 34 and 35 OF INDUSTRIAL
SITE ADDITION TO THE CITY OF CALDWELL AS OF RECORD AND ON FILE IN
7 THE OFFICE OF THE COUNTY RECORDER OF CANYON COUNTY, IDAHO, HAVE
BEEN MADE OR FILED AND.THAT NO CLAIM OR CLAIMS FOR DAMAGES WHICH
8 WOULD BE SUSTAINED BY REASON THEREOF HAVE BEEN FILED: DETERMINING
THAT THE VACATION OF ALL THAT PORTION OF AIRPORT AVENUE IN THE SOUTH -
9 EAST QUARTER OF SECTION 21, TOWNSHIP 4 NORTH, RANGE 3 WEST OF THE
BOISE MERIDIAN, ADJACENT AND WESTERLY OF LOTS 1, 15, 28, 34 and 35
10 OF INDUSTRIAL SITE ADDITION TO THE CITY OF CAIDWELL AS OF RECORD AND
ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF CANYON COUNTY, IDAHO,
11 IS TO THE BEST INTEREST AND ADVANTAGE OF THE CITY OF CALDWELL, ITS
CITIZENS AND PROPERTY OWNERS; DETERMINING THAT NO DAMAGE WILL BE
12 SUSTAINED BY ANY CITIZEN OR PROPERTY OWNER BY REASON OF THE VACATION
x OF ALL THAT PORTION OF AIRPORT AVENUE IN THE SOUTHEAST QUARTER OF
13 SECTION 21, TOWNSHIP 4 NORTH, RANGE 3 WEST OF THE BOISE MERIDIAN,
o ADJACENT AND WESTERLY OF LOTS 1, 15, 28, 34 and 55 OF INDUSTRIAL
A*� 14 SITE ADDITION TO THE CITY OF CALDWELL AS OF RECORD AND ON FILE IN
THE OFFICE OF THE COUNTY RECORDER OF CANYON COUNTY, IDAHO; PROVIDING
q ua 15 THAT THE TITLE TO AIM THAT PORTION OF AIRPORT AVENUE IN THE SOUTH -
a EAST QUARTER OF SECTION 21, TOWNSHIP 4 NORTH, RANGE 3 WEST OF THE
wN 16 BOISE MERIDIAN, ADJACENT AND WESTERLY OF LOTS 1, 15, 28 34 and 35
OF INDUSTRIAL SITE ADDITION TO THE CITY OF CALDWELL AS OF RECORD
17 AND ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF CANYON COUNTY,
IDAHO, AS VACATED, SHALL REVERT TO THE PERSONS DEDICATING THE SAME,
16 THEIR SUCCESSORS, HEIRS OR ASSIGNS; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR THE PUB -
19 LICATION OF THIS ORDINANCE AND ITS TAKING EFFECT.
Be it ordained by the Mayor and Council of the City of
Caldwell, Idaho:
Section 1. That by Ordinance No. 1038, passed by the
Council and approved by the Mayor of the City of Caldwell, Idaho,
on the 4th day of January, 1965 and published in The News - Tribune,
26 a newspaper published in the City of Caldwell, Idaho, in one issue
27 thereof on the 9th day of January, 1965, notice was given to all
28 citizens and owners of property in the City of Caldwell, Idaho, that
29 an application has been presented to the Mayor and Council of the
30 City of Caldwell requesting the passage and approval of an ordinance
31 vacating all that portion of Airport Avenue in the Southeast Quarter
32 of Section 21, Township 4 North, Range 3 West of the Boise Meridian,
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1 adjacent and Westerly of Lots 1, 15, 28, 34 and 35 of Industrial
2 Site Addition to the City of Caldwell as of record and on file in
3 the office of the County Recorder of Canyon County, Idaho, more
4 particularly described as follows:
5 Commencing at the Northwest corner of the Southeast Quarter
of Section 21, Township 4 North, Range 3 West of the Boise
6 Meridian, thence Southerly on the West line of the Southeast
7 Quarter of said Section 21 a distance of 620.2 feet to the
true point of beginning. Thence Easterly 34.08 feet to the
8 Northwest corner of Lot 1, Industrial Site Addition to the
City of Caldwell as of record and on file in the Office of
9 the County Recorder of Canyon County, Idaho; thence Southerly
on the West line of said Lot 1 a distance of 217 feet to the
10 Southwest corner of said Lot 1; thence Westerly 34.08 feet to
the West line of the Southeast Quarter of said Section 21;
11 thence Northerly on the West line of the Southeast Quarter of
said Section 21 a distance of 217 feet to the true point of
12 beginning.
Also:
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Commencing at the Northwest corner of the Southeast Quarter
14 of Section 21, Township 4 North, Range 3 West of the Boise
Meridian, thence Southerly on the West line of the Southeast
15 Quarter of said Southwest Quarter a distance of 944.7 feet
to the true point of beginning;
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17 Thence Easterly a distance of 34.08 feet to the Northwest
corner of Lot 15 of the Industrial Site Addition to the City
of Caldwell, as of record and on file in the Office of the
is County Recorder of Canyon County, Idaho; thence Southerly
along the West line of Lots 15, 28, 34 and 35 a distance of
19 634.01 feet to the Southwest corner of Lot 35 of said Indus -
trial Site Addition; thence Westerly 34.08 feet to the West
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line of Southeast Quarter of said Section 21; thence Northerly
on the West line of the Southeast Quarter of said Section 21
21 a distance of 634.01 feet to the true point of beginning.
which ordinance provided the manner for filing claims for damages
which would be sustained by the vacating of all that portion of
Airport Avenue above described.
Section 2. That no objections to the granting of said
application have been made on 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,
30� Idaho, will be damaged or injured by the vacation of all that por-
31 Lion of Airport Avenue in the Southeast Quarter of Section 21,
32 Township 4 North, Range 3 West of the Boise Meridian, adjacent and
1 Westerly of Lots 1, 15, 28 34 and 35 of Industrial Site Addition
be open or subject to the use of the public; and thereupon the title
to said portion of Airport Avenue in the Southeast Quarter of Sec-
tion 21, Township 4 North, Range 3 West of the Boise Meridian, ad-
jacent and Westerly of Lots 1, 15, 28 34 and 35 of Industrial Site
Addition to the City of Caldwell as of record and on file in the
office of the County Recorder of Canyon County, Idaho, as herein-
before described in Section 1 of this ordinance, shall pass and
revert to the persons dedicating the same or their successors,
heirs and assigns, free of all easement and dedication heretofore
3111 existing for a public street therein.
Section 4. It appearing that no claim or claims for
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to the City of Caldwell as of record and on file in the office of
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the County Recorder of Canyon County, Idaho, as hereinbefore des -
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cribed in Section 1 of this ordinance, and that it is in fact to
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the best interest and advantage of the City of Caldwell, Idaho,
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and its citizens and its property owners that the above described
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portion of Airport Avenue be vacated.
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Section 3. Be it ordained and established that all that
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portion of Airport Avenue in the Southeast Quarter of Section 21,
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Township 4 North, Range 3 West of the Boise Meridian, adjacent and
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Westerly of Lots 1, 15, 28, 34 and 35 of Industrial Site Addition
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to the City of Caldwell as of record and on file in the office of
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the County Recorder of Canyon County, Idaho, as hereinbefore des-
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cribed in Section 1 of this ordinance, from and after its passage,
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approval and publication of this ordinance, shall be vacated, and
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that all that portion of Airport Avenue in the Southeast Quarter
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of Section 21, Township 4 North, Range 3 West of the Boise Meridian,'
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adjacent and Westerly of Lots 1, 15, 28 34 and 35 of Industrial
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Site Addition to the City of Caldwell as of record and on file in
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the office of the County Recorder of Canyon County, Idaho, as here-
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inbefore described in Section 1 of this ordinance, shall no longer
be open or subject to the use of the public; and thereupon the title
to said portion of Airport Avenue in the Southeast Quarter of Sec-
tion 21, Township 4 North, Range 3 West of the Boise Meridian, ad-
jacent and Westerly of Lots 1, 15, 28 34 and 35 of Industrial Site
Addition to the City of Caldwell as of record and on file in the
office of the County Recorder of Canyon County, Idaho, as herein-
before described in Section 1 of this ordinance, shall pass and
revert to the persons dedicating the same or their successors,
heirs and assigns, free of all easement and dedication heretofore
3111 existing for a public street therein.
Section 4. It appearing that no claim or claims for
1 damages sustained by any citizen or citizens of the City of Cald-
2 well, Idaho, or by any owner or owners of property therein, by
3 reason of the vacation of all that portion of Airport Avenue in the
4 Southeast Quarter of Section 21, Township 4 North, Range 3 Nest of
5 the Boise Meridian, adjacent and Westerly of Lots 1, 15, 28, 34 and
6 35 of Industrial Site Addition to the City of Caldwell as of record
7 and on file in the office of the County Recorder of Canyon County,
8 Idaho, as hereinbefore described in Section 1 of this ordinance,
9 has been filed or made, it is hereby determined that no damages
10 will be sustained by the citizens of or owners of property in the
11 City of Caldwell, Idaho, by reason of the vacation of said avenue
+`II above described.
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Section 5. That all ordinances or parts of ordinances
14 in conflict herewith are hereby repealed.
�a 1 5 PASSED By the Council of the City of Caldwell, this 18th
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a� 16 day of January, 1965
17 APPROVED By the Mayor of the City of Caldwell, this 18th
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1811 day of January, 1965
m ayor
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ATTEST:
'City Clerk
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