HomeMy WebLinkAboutORD 1056< 4
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BILL NO. 19
ORDINANCE NO. 1056
BY COUNCILMAN VASSAR
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AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION OF
ORDINANCE NO. 1055; DETERMINING THAT NO OBJECTIONS TO THE VACATION
OF ALL THAT PART OF ARLINGTON AVENUE AS SHOWN ON THE OFFICIAL PLAT
OF SOUTH KIMBALL ADDITION TO THE CITY OF CALDWELL, IDAHO, AS OF
RECORD AND ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF CANYON
COUNTY, IDAHO, AS SAID ARLINGTON AVENUE IS SITUATED BETWEEN THE
NORTH BOUNDARY LINE OF LINDEN STREET AND THE FOLLOWING DESCRIBED
LINE: BEGINNING AT A POINT IN THE EAST BOUNDARY LINE OF LOT 13 OF
BLOCK 2 OF SAID SOUTH KIMBALL ADDITION 14HHICH IS 50 FEET SOUTH OF THE
NORTHEAST CORNER OF LOT 13 OF SAID BLOCK 2; THENCE EAST TO A POINT
IN THE WEST LINE OF LOT 13 OF BLOCK 3 OF SAID SOUTH KIMBALL ADDITION
WHICH IS 50 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 13 OF SAID
BLOCK 3, HAVE BEEN MADE OR FIIBD AND THAT NO CLAIM OR CLAIMS FOR
DAMAGES WHICH WOULD BE SUSTAINED BY REASON THEREOF HAVE BEEN FILED;
DETERMINING THAT THE VACATION OF ALL THAT PART OF ARLINGTON AVENUE
HEREINBEFORE DESCRIBED IN THIS CAPTION 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 PRO-
PERTY OWNER BY REASON OF THE VACATION OF ALL THAT PART OF ARLINGTON
AVENUE HEREINBEFORE DESCRIBED IN THIS CAPTION; PROVIDING THAT THE
TITLE TO ALL THAT PART OF ARLINGTON AVENUE HERE nMFORE DESCRIBED
IN THIS CAPTION, AS VACATED, SHALL REVERT TO THE PERSONS DEDICATING
THE SAME, THEIR SUCCESSORS, HEIRS OR ASSIGNS; REPEALING ALL ORDIN-
ANCES 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 by Ordinance No. 1055, passed by the
21!1 Council and approved by the Mayor of the City of Caldwell, Idaho,
on the let day of November, 1965, and published in The News - Tribune,
a newspaper published in the City of Caldwell, Idaho, in one issue
2411 thereof on the 6th day of November, 1965, notice was given to all
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
28 11 vacating all that part of Arlington Avenue as shown on the official
Plat of South Kimball Addition to the City of Caldwell, Idaho, as
of record and on file in the office of the County Recorder of Canyon
31 11 County, Idaho, as said Arlington Avenue is situated between the
North boundary line of Linden Street and the following described
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line:
2 Beginning at a point in the East boundary line
of Lot 13 of Block 2 of said South Kimball Addi-
3 tion which is 50 feet South of the Northeast
corner of Lot 13 of said Block 2; thence East
4 to a point in the West line of Lot 13 of Block
3 of said South Kimball Addition which is 50
5 feet South of the Northwest corner of Lot 13
of said Block 3.
which ordinance provided the manner for filing claims for damages
which would be sustained by the vacating of all that part of Arling-
ton Avenue above described.
Section 2. That no objections to the granting of said
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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 all that part
of Arlington Avenue as hereinbefore described in Section 1 of this
ordinance, and that it is in fact to the best interest and advantage
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1711 of the City of Caldwell, Idaho, and its citizens and its property
owners that the above described part of Arlington Avenue be vacated.
Section 3• Be it ordained and established that all that
part of Arlington Avenue as hereinbefore described in Section 1 of
this ordinance, from and after its passage, approval and publication
of this ordinance, shall be vacated, and shall no longer be open or
subject to the use of the public; and thereupon the title to said
Arlington Avenue as hereinbefore 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 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 all that part of Arlington Avenue as hereinbefore
described in Section 1 of this ordinance, has been filed or made,
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1 it is hereby determined that no damages will be sustained by the
2 citizens of or owners of property in the City of Caldwell, Idaho,
3 by reason of the vacation of said avenue above described.
4 Section 5. That all ordinances or parts of ordinances
5 in conflict herewith are hereby repealed.
6 PASSED By the Council of the City of Caldwell, this 15th
7 day of November, 1965
8 APPROVED By the Mayor of the City of Caldwell, this 15th
9 day of November, 1965
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Mayor
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ty Clerk
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