HomeMy WebLinkAboutORD 1071BILL NO. 15
ORDINANCE NO. 1071
1 BY COUNCILMAN CARPENTER
2 AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION OF
ORDINANCE NO. 1065; DETERMINING THAT NO OBJECTIONS TO THE VACATION
3 OF ALL THAT PART OF ARLINGTON AVENUE AS SHOWN ON THE OFFICIAL PLAT
OF SOUTH KIMBALL ADDITION TO THE CITY OF CALDWE LL, IDAHO, AS OF
4 RECORD AND ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF CANYON
COUNTY, IDAHO, BEGINNING AT THE NORTHWEST CORNER OF LOT 13 OF BLOCK
6 3, OF SOUTH KIMBALL AVENUE AS SHOWN ON THE OFFICIAL PLAT THEREON
ON FILE AND OF RECORD IN THE OFFICE OF THE RECORDER OF CANYON
6 COUNTY, IDAHO; THENCE SOUTH ALONG THE WEST LINE OF LOT 13 OF SAID
BLOCK 3, 50 FEET; THENCE WEST 55 FEET TO A POINT IN THE EAST LINE
7 OF LOT 13 OF BLOCK 2 OF SAID SOUTH KIMBALL ADDITION WHICH POINT
IS 50 FEET SOUTH OF THE NORTHEAST CORNER OF LOT 13 OF SAID BLOCK 2;
8 THENCE NORTH ALONG THE EAST LINE OF LOT 13 OF SAID BLOCK 2, 50
FEET TO THE NORTHEAST CORNER OF LOT 13 OF SAID BLOCK 2 ; THENCE EAST
9 55 FEET TO THE POINT OF BEGINNING, HAVE BEEN MADE OR FILED AND THAT
NO CLAIM OR CLAIMS FOR DAMAGES WHICH WOULD BE SUSTAINED BY REASON
10 THEREOF HAVE BEEN FILED; DETERMINING THAT THE VACATION OF ALL THAT
PART OF ARLINGTON AVENUE HEREINBEFORE DESCRIBED IN THIS Chia =:"ION IS
11 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 VACA-
TION OF ALL THAT PART OF ARLINGTON AVENUE HEREINBEFORE DESCRIBED IN
13 THIS CAPTION; PROVIDING THAT THE TITLE TO ALL THAT PART OF ARLINGTON
AVENUE HEREINBEFORE DESCRIBED IN THIS CAPTION, AS VACATED, SHALL
A� 14 REVERT TO THE PERSONS DEDICATING THE SAME, THEIR SUCCESSORS, HEMS
�H8 OR ASSIGNS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
15 CONFLICT HEREWITH AND PROVIDING FOR THE PUBLICATION OF THIS ORDI-
�99 NANCE AND ITS TAKING EFFECT.
�aU 16 Be it ordained by the Mayor and Council of the City of
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Caldwell, Idaho:
18 Section 1. That by Ordinance No. 1065, passed by the
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Council and approved by the Mayor of the City of Caldwell, Idaho,
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on the 7th day of March, 1966 and published in the News - Tribune,
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a newspaper published in the City of Caldwell, Idaho, in one issue
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thereof on the 12th day of March, 1966 notice was given to all
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citizens and owners of property in the City of Caldwell, Idaho that
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an application has been presented to the Mayor and Council of the
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City of Caldwell requesting the passage and approval of an ordinance
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vacating all that part of Arlington Avenue as shown on the official
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Plat of South Kimball Addition to the City of Caldwell, Idaho, as
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of record and on file in the office of the County Recorder of Canyo
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County, Idaho, and more particularly described as follows;
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1 io -wit:
Beginning at the northwest corner of Lot 13 of
Block 3, of South Kimball Avenue as shown on the
official plat thereof on file and of record in
the office of the Recorder of Canyon County,
Idaho; thence South along the West line cC Lot
13 of said Block 3, 50 feet; thence West 55
feet to a point in the East line of Lot 13 of
Block 2 of said South Kimball Addition which
point is 50 feet South of the Northeast corner
of Lot 13 of said Block 2; thence North along
the East line of Lot 13 of said Block 2, 50
feet to the Northeast corner of Lot 13 of said
Block 2; thence East, 55 feet to the point of
beginning.
it
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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
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
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
28 ordinance, shall pass and revert to the persons dedicating the same
29 or their successors, heirs and assigns, free of all easement and
Q. dedication heretofore existing for a public street therein.
31 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
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1 the vacation of all that part of Arlington Avenue as hereinbefore
2 described in Section 1 of this ordinance, has been filed or made,
3 it is hereby determined that no damages will be sustained by the
4 citizens of or owners of property in the City of Caldwell, Idaho,
5 by reason of the vacation of said avenue above described.
6 Section 5. That all ordinances or parts of ordinances
7 in conflict herewith are hereby repealed.
8 PASSED By the Council of the City of Caldwell, this 4th
9 day of Aprill, 1966.
10 APPROVED By the Mayor of the City of Caldwell, this 4th
11 day of April, 1966.
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ATTEST
Ci erk
4
Mayor
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