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HomeMy WebLinkAboutORD 10961 BILL NO. 6 ORDINANCE NO. 2096 BY COUNCILMAN CAR PENTER El t� AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION OF 5 ORDINANCE NO. 1095 DETERMINING THAT NO OBJECTIONS TO THE VACATION OF THE WALNUT STREET AS PLATTED BETWEEN BLOCKS 15 AND 20 OF COLLEGE 6 HEIGHTS ADDITION TO CALDWELL, IDAHO, ACCORDING TO THE PLAT OF SAID ADDITION FILED AUGUST 24, 1909 IN BOOK 3 OF PLATS AT PAGE 7 IN THE 7 OFFICE OF THE COUNTY RECORDER, CANYON COUNTY, IDAHO, HAVE BEEN MADE OR FILED AND THAT NO CLAIM OR CLAIMS FOR DAMAGES WHICH WOULD BE SUS - 6 TAINED BY REASON THEREOF HAVE BEEN FILED; DETERMINING THAT THE VACA- TION OF WALNUT STREET AS PLATTED BETWEEN BLOCKS 15 AND 20 OF COLLEGE 9 HEIGHTS ADDITION TO CALDWELL, IDAHO, HEREINBEFORE DESCRIBED IN THIS CAPTION IS TO THE BEST INTEREST AND ADVANTAGE OF THE CITY OF CALDWEL 10 ITS CITIZENS AND PROPERTY OWNERS, DETERMINING THAT NO DAMAGE WILL BE SUSTAINED BY ANY CITIZEN OR PROPERTY OWNER BY REASON OF THE VACA- 11 TION OF WALNUT STREET AS PLATTED BETWEEN BLOCKS 15 AND 20 OF COLLEGE HEIGHTS ADDITION TO CALDWELL, IDAHO, HEREINBEFORE DESCRIBED IN THIS 12 CAPTION; PROVIDING THAT THE TITLE TO WALNUT STREET AS PLATTED BET- WEEN BLOCKS 15 AND 20 OF COLLEGE HEIGHTS ADDITION TO CALDWELL, IDAHO 13 HEREINBEFORE DESCRIBED IN THIS CAPTION, AS VACATED, SHALL REVERT TO THE PERSONS DEDICATING THE SAME, THEIR SUCCESSORS, HEIRS AND ASSIGNS 14 SUBJECT TO THE CITY OF CALDWELL RESERVING UNTO ITSELF AND TO ALL UTILITY COMPANIES ALL EXISTING EASEMENT RIGHTS IN THE AREA COMPRIS- 15 ING SAID STREET FOR SEWER LINES, POWER LINES, TELEPHONE LINES AND GAS LINES, TOGETHER WITH ACCESS TO AMID FROM SAID AREA TO MAINTAIN, 16 REPAIR OR REPLACE THE SAME; REPEALING ALL ORDINANCES OR PARTS OR ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR THE PUBLICATION OF 17 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 1095 passed by the Council and approved by the Mayor of the City of Caldwell, Idaho, on the 20th day of March, 1967 and published in the News- Tribune, a newspaper published in the City of Caldwell, Idaho, in one issue thereof on the 25th day of March, 1967, 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 vacating the Walnut Street as Platted between Blocks 15 and 20 of College Heights Addition to Caldwell, Idaho, according to the Plat of said Addition filed August 24 1909 in Book 3 of Plats at page 7 in the office of the County Recorder, Canyon County, Idaho, subject 6F] 0 III to the City of Caldwell reserving unto itself and to all utility Is companies all existing easement rights in the area comprising said 3 street for sewer lines, power lines, telephone lines and gas lines 4 as presently located thereon or therein, with the further reserva- 5 tion to the City of Caldwell and all utility companies with easement 6 rights in the area comprising said street for access to and from 7 said area to maintain, repair or replace the present existing sewer, 8 power, telephone and gas lines as presently located thereon or there - 9 in, which ordinance provided the manner for filing claims for dama- 10 ges which would be sustained by the vacating of Walnut Street as 11 platted between Blocks 15 and 20 as described in this section. 12 Section 2. That no objections to the granting of said 13 application have been made or filed and no claim or claims for ° 14 damages which would result therefrom; and it is hereby determined that no citizen of or owner of property of the City of Caldwell, oil 15 16 Idaho, will be damaged or injured by the vacation of Walnut Street weQ 9 17 as platted between Blocks 15 and 20 hereinbefore described in Sec- .. c 18 tion 1 of this ordinance, and that it is in fact to the best inter - 19 est and advantage of the City of Caldwell, Idaho, and its citizens 20 and its property owners, that the above described Walnut Street as 2 platted between Blocks 15 and 20 be vacated, subject to the City 22 of Caldwell reserving unto itself and to all utility companies all 23 existing easement rights in the area comprising said street for 24 sewer lines, power lines, telephone lines and gas lines as presently 25 located thereon or therein, with the further reservation to the City 26 of Caldwell and all utility companies with easement rights in the 27 area comprising said street for access to and from said area to main - 28 tain, repair and replace the present existing sewer, power, telephone' 29 and gas lines as presently located thereon or therein. 30 Section 3• Be it ordained and established that Walnut 81 Street as platted between Blocks 15 and 20 as hereinbefore described 32 in Section 1 of this ordinance, from and after its passage, approval • r'- 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 Walnut Street as platted between Blocks 15 and 20 as hereinbefore described in Section 1 of this ordinance, shall pass 3 c e , c ih 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, subject to the City of Cald- well reserving unto itself and to all utility companies all existing easement rights in the area comprising said street for sewer lines, power lines, telephone lines and gas lines as presently located thereon or therein, with the further reservation to the City of Caldwell and all utility companies with easement rights in the area comprising said street for access to and from said area to maintain, s E 1 13 14 15 16 17 is repair or replace the present existing sewer, power, telephone and gas lines as presently located thereon or 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 Walnut Street as platted between Blocks 15 and 20 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 Cald- 21 23 well, Idaho, by reason of the vacation of said Walnut Street as 24 platted between Blocks 15 and 20 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 3rd day of April, 1967. APPROVED By the Mayor of the City of Caldwell, this 3rd day of April, 1967. r Mayor ATTEST: