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HomeMy WebLinkAboutORD 1080N • BILL NO. 24 2 ORDINANCE NO. 1o8o 3 BY COUNCILMAN CARPENTER 4 AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION OF ORDINANCE NO. 1079; DETERMINING THAT NO OBJECTIONS TO THE VACATION 5 OF PART OF MUSTANG STREET AS SHOWN ON THE OFFICIAL PLAT OF INDUS- TRIAL SITE ADDITION NUMBER 2 TO THE CITY OF CALDWELL, IDAHO, HAVE 6 BEEN MADE OR FILED AND THAT NO CLAIM OR CLAIMS FOR DAMAGES WHICH WOULD BE SUSTAINED BY REASON THEREOF HAVE BEEN FILED; DETERMINING 7 THAT THE VACATION OF PART OF MUSTANG STREET AS SHOWN ON THE OFFI- CIAL PLAT OF INDUSTRIAL SITE ADDITION NUMBER 2 TO THE CITY OF 8 CALDWELL, IDAHO, IS TO THE BEST INTEREST AND ADVANTAGE OF THE CITY OF CALDWELL, ITS CITIZENS AND PROPERTY OWNERS; DETERMINING THAT NO 9 DAMAGE WILL BE SUSTAINED BY ANY CITIZEN OR PROPERTY OWNER BY REASON OF THE VACATION OF PART OF MUSTANG STREET AS SHOWN ON THE OFFICIAL 10 PLAT OF INDUSTRIAL SITE ADDITION NUMBER 2 TO THE CITY OF CALDWELL, IDAHO; PROVIDING THAT THE TITLE TO PART OF MUSTANG STREET AS SHOWN 11 ON THE OFFICIAL PLAT OF INDUSTRIAL SITE ADDITION NUMBER 2 TO THE CITY OF CALDWELL, IDAHO, AS VACATED, SHALL REVERT TO THE PERSONS 12 DEDICATING THE SAME, THEIR SUCCESSORS, HEIRS OR ASSIGNS; REPEALING ALL ORDINANCES OR PARTS OR ORDINANCES IN CONFLICT HEREWITH AND PRO- 13 VIDING FOR THE PUBLICATION OF THIS ORDINANCE AND ITS TAKING EFFECT. ° 14 Be it ordained by the Mayor and Council of the City of ' 15 Caldwell, Idaho: ON 16 Section 1. That by Ordinance No. 1079, passed by the 17 Council and approved by the Mayor of the City of Caldwell, Idaho, n 18 on the 15th day of August, 1966, and published in the News - Tribune, 19 a newspaper published in the City of Caldwell, Idaho, in one issue 20 thereof on the 20th day of August, 1966, notice was given to all 21 citizens and owners of property in the City of Caldwell, Idaho, 22 that an application has been presented to the Mayor and Council of 241 25 26 the City of Caldwell requesting the passage and approval of an or- dinance vacating part of Mustang Street as shown on the official Plat of Industrial Site Addition Number 2 to the City of Caldwell, Idaho, and more particularly described as follows: BEGINNING at the Northeast corner of Block 1, Industrial Site Addition Number 2, to the City of Caldwell, according to the Official Plat thereof on file and of record in the Office of the Recorder of Canyon County, Idaho; thence West 600 feet to the Northwest corner of said Block 1; thence North 80 feet to the Southwest corner of Block 2 of said Industrial Site Addi- tion Number 2; thence East 600 feet to the Southeast corner of said Block 2; thence South 80 feet to the point of beginning. 1 which ordinance provided the manner for filing claims for damages 2 which would be sustained by the vacating of part of Mustang Street 3 as shown on the Official Plat of Industrial Site Addition Number 2 4 to the City of Caldwell, Idaho, above described. a Section 2. That no objectio to the granting of said 6 application have been made or filed and no claim or claims for 7 damages which would result therefrom; and it is hereby determined 8 that no citizen of or owner of property of the City of Caldwell, 9 Idaho, will be damaged or injured by the vacation of part of Mustang 0 Street as shown on the Official Plat of Industrial Site Addition 20 approval and publication of this ordinance, shall be vacated, and 21 shall no longer be open or subject to the use of the public; and 22 thereupon the title to said part of Mustang Street as shown on the 23 Official Plat of Industrial Site Addition Number 2 to the City of 24 Caldwell, Idaho, as hereinbefore described in Section 1 of this 25 ordinance, shall pass and revert to the persons dedicating the same 26 or their successors, heirs and assigns, free of all easement and 27 dedication heretofore existing for a public street therein. 28 Section 4. It appearing that no claim or claims for 2 damages sustained by any citizen or citizens of the City of Caldwell 30 Idaho, or by any owner or owners of property therein, by reason of S the vacation of part of Mustang Street as shown on the Official Plat 32 of Industrial Site Additinn Number 2 to the City of Caldwell, Idaho, 11 Number 2 to the City of Caldwell, Idaho, and that it is in fact to 12 the best interest and advantage of the City of Caldwell, Idaho, and 13 its citizens and its property owners, that the above described part ° oil 14 of Mustang Street as shown on the Official Plat of Industrial Site ti. , 15 Addition Number 2 to the City of Caldwell, Idaho, be vacated. 16 Section 3• Be it ordained and established that part of �d 17 Mustang Street as shown on the Official Plat of Industrial Site 18 Addition Number 2 to the City of Caldwell, Idaho, as hereinbefore 19 described in Section 1 of this ordinance, from and after its passage 20 approval and publication of this ordinance, shall be vacated, and 21 shall no longer be open or subject to the use of the public; and 22 thereupon the title to said part of Mustang Street as shown on the 23 Official Plat of Industrial Site Addition Number 2 to the City of 24 Caldwell, Idaho, as hereinbefore described in Section 1 of this 25 ordinance, shall pass and revert to the persons dedicating the same 26 or their successors, heirs and assigns, free of all easement and 27 dedication heretofore existing for a public street therein. 28 Section 4. It appearing that no claim or claims for 2 damages sustained by any citizen or citizens of the City of Caldwell 30 Idaho, or by any owner or owners of property therein, by reason of S the vacation of part of Mustang Street as shown on the Official Plat 32 of Industrial Site Additinn Number 2 to the City of Caldwell, Idaho, S O oil c� 0 as hereinbefore described in Section 1 of this ordinance, has been filed or made, it is hereby determined that no damages will be sus- tained by the citizens of or owners of property in the City of Caldwell, Idaho, by reason of the vacation of said part of Mustang Street as shown on the Official Plat of Industrial Site Addition Number 2 to the City of Caldwell, Idaho, above described. Section 5. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED By the Council of the City of Caldwell, this 6th day of September, 1966. APPROVED By the Mayor of the City of Caldwell, this 6th day of September, 1966. 16 ATTEST y Cler ! mayor 21