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HomeMy WebLinkAboutORD 10911 BILL NO. 1 2 ORDINANCE NO. 1091 3 BY COUNCILMAN MARTIN 4 AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION OF ORDINANCE NO. 1090; DETERMINING THAT NO OBJECTIONS TO THE VACATION 5 OF THE NORTHWESTERLY HALF OF THE ALLEY IN BLOCK 97, ACCORDING TO THE REVISED MAP OF CALDWELL, IDAHO, FILED AT 3:00 P. M. JULY 29, 1891, 6 AND NOW ON FILE AND OF RECORD IN BOOK 1 OF PLATS, PAGE 20, RECORDS OF CANYON COUNTY, IDAHO, HAVE BEEN MADE OR FILED AND THAT NO CLAIM 7 OR CLAIMS FOR DAMAGES WHICH WOULD BE SUSTAINED BY REASON THEREOF HAVE BEEN FILED; DETERMINING THAT THE VACATION OF THE NORTHWESTERLY 8 HALF OF THE ALLEY HEREINBEFORE DESCRIBED IN THIS CAPTION IS TO THE BEST INTEREST AND ADVANTAGE OF THE CITY OF CALDWELL, ITS CITIZENS 9 1 PROPERTY OWNERS, DETERMINING THAT NO DAMAGE WILL BE SUSTAINED BY ANY CITIZEN OR PROPERTY OWNER BY REASON OF THE VACATION OF THE 10 NORTHWESTERLY HALF OF THE ALLEY HEREINBEFORE DESCRIBED IN THIS CAP- TION; PROVIDING THAT THE TITLE TO THE NORTHWESTERLY HALF OF THE 11 . ALLEY HEREINBEFORE DESCRIBED IN THIS CAPTION, AS VACATED, SHALL REVERT TO THE PERSONS DEDICATING THE SAME, THEIR SUCCESSORS, HEIRS 12 AND ASSIGNS, SUBJECT TO THE CITY OF CALDWELL RESERVING UNTO ITSELF AND TO ALL UTILITY COMPANIES ALL EXISTING EASEMENT RIGHTS IN THE 13 AREA COMPRISING SAID ALLEY FOR SEWER LINES, POWER LINES, TELEPHONE LINES AND GAS LINES, TOGETHER WITH ACCESS TO AND FROM SAID AREA TO a� 14 MAINTAIN, REPAIR OR REPLACE THE SAME; REPEALING ALL ORDINANCES OR e PARTS OR ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR THE 15 PUBLICATION OF THIS ORDINANCE AND ITS TAKING EFFECT. 0 3 �qq 16 17 Be it ordained by the Mayor and Council of the City of c� 18 Caldwell, Idaho: 19 Section 1. That by Ordinance No. 1090, passed by the 20 Council and approved by the Mayor of the City of Caldwell, Idaho, 21 on the 12th day of December, 1966, and published in the News - 22 Tribune, a newspaper published in the City of Caldwell, Idaho, in 23 one issue thereof on the 17th day of December, 1966 notice was 24 given to all citizens and owners of property in the City of Cald- 25 well, Idaho, that an application has been presented to the Mayor 26 and Council of the City of Caldwell requesting the passage and 27 approval of an ordinance vacating the Northwesterly Half of the 28 alley in Block 97, according to the Revised Map of Caldwell, Idaho, 29 filed at 3:00 P. M. July 29, 1891, and now on file and of record 30 in Book 1 of Plats, page 20, records of Canyon County, Idaho, sub - 31 ject to the City of Caldwell reserving unto itself and to all 32 ' utility companies all existing easement rights in the area compris- • ing said alley for sewer lines, power lines, telephone lines and z z a 0 e , 0 4 gas lines as presently located thereon or therein, with the further 8 reservation to the City of Caldwell and all utility companies with 4 easement rights in the area comprising said alley for access to and 5 from said area to maintain, repair or replace the present existing 6 sewer, power, telephone and gas lines as presently located thereon 7 or therein, which ordinance provided the manner for filing claims 6 for damages which would be sustained by the vacating of the North- 9 westerly Half of the alley as described in this section. 10 Section 2. That no objections to the granting of said 11 application have been made or filed and no claim or claims for 12 damages which would result therefrom; and it is hereby determined 13 that no citizen of or owner of property of the City of Caldwell, 14 Idaho, will be damaged or injured by the vacation of the Northwest - 15 erly Half of the alley hereinbefore described in Section 1 of this 16 ordinance, and that it is in fact to the best interest and advantage 17 of the City of Caldwell, Idaho, and its citizens and its property 18 owners, that the above described Northwesterly Half of the alley 19 be vacated, subject to the City of Caldwell reserving unto itself 20 and to all utility companies all existing easement rights in the 21 area comprising said alley for sewer lines, power lines, telephone 22 lines and gas lines as presently located thereon or therein, with 23 the further reservation to the City of Caldwell and all utility com- 24 panies with easement rights in the area comprising said alley for 25 access to and from said area to maintain, repair or replace the pre - 26 sent existing sewer, power, telephone and gas lines as presently 27 located thereon or therein. 28 Section 3. Be it ordained and established that the North - 29 westerly Half of the alley as hereinbefore described in Section 1 of 30 this ordinance, from and after its passage, approval and publication 31 of this ordinance, shall be vacated, and shall no longer be open or s2 subject to the use of the public; and thereupon the title to said 0 0 Northwesterly Half of the alley 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 ease- 4 went and dedication heretofore existing for a public street therein, 6 subject to the City of Caldwell reserving unto itself and to all 6 utility companies all existing easement rights in the area compris- 7 ing said alley for sewer lines, power lines, telephone lines and 8 gas lines as presently located thereon or therein, with the further 9 reservation to the City of Caldwell and all utility companies with easement rights in the area comprising said alley for access to and A 11 from said area to maintain, repair or replace the present existing 12 sewer, power, telephone and gas lines as presently located thereon Z 13 or therein. or 14 Section 4. It appearing that no claim or claims for @a 15 damages sustained by any citizen or citizens of the City of Cald- 16 well, Idaho, or by any owner or owners of property therein, by 17 reason of the vacation of the Northwesterly Half of the alley as c 18 hereinbefore described in Section 1 of this ordinance, has been 19 filed or made, it is hereby determined that no damages will be sus - 20 tained by the citizens of or owners of property in the City of Cald- 21 well, Idaho, by reason of the vacation of said Northwesterly Half 22 of said alley above described. 2v Section 5. That all ordinances or parts of ordinances 24 in conflict herewith are hereby repealed. 25 PASSED By the Council of the City of Caldwell, this 3rd 26 day of January, 1967. 27 APPROVED By the mayor of the City of Caldwell, this 3rd 281 day of January, 1967• A or f �- A