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BILL NO. 14
ORDINANCE 1104
BY COUNCILMAN CARPENTER
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AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION OF
ORDINANCE NO. 1102; DETERMINING THAT NO OBJECTIONS TO THE VACATION
OF THE ALLEY IN BLOCK 36 MOUNTAIN VIEW ADDITION TO CALDWELL, IDAHO,
ACCORDING TO THE PLAT OF SAID ADDITION, FILED MAY 10, 1907 IN BOOK
2 OF PLATS AT PAGE 53, IN THE OFFICE OF THE COUNTY RECORDER, CANYON
COUNTY, IDAHO, HAVE BEEN MADE OR FILED AND THAT NO CIA IM OR CLAIMS
FOR DAMAGES WHICH WOULD BE SUSTAINED BY REASON THEREOF HAVE BEEN
FILED; DETERMINING THAT THE VACATION OF THE ALLEY IN BLOCK 36 OF
MOUNTAIN VIEW ADDITION TO CALDWELL, IDAHO, 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 PROPERTY OWNER BY REASON
OF THE VACATION OF THE ALLEY IN BLOCK 36 MOUNTAIN VIEW ADDITION TO
CALDWELL, IDAHO, HEREINBEFORE DESCRIBED IN THIS CAPTION; PROVIDING
THAT THE TITLE TO THE ALLEY IN BLOCK 36 MOUNTAIN VIEW ADDITION TO
CALDWELL, IDAHO HEREINBEFORE DESCRIBED IN THIS CAPTION, AS VACATED,
SHALL REVERT TO THE PERSONS DEDICATING THE SAME, THEIR SUCCESSORS,
HEIRS AND ASSIGNS, SUBJECT TO THE CITY OF CALDWELL RESERVING UNTO
ITSELF AND TO ALL UTILITY COMPANIES ALL EXISTING EASEMENT RIGHTS IN
THE AREA COMPRISING SAID ALLEY FOR SEWER LINES, POWER LINES, TELE-
PHONE LINES AND GAS LINES, TOGETHER WITH ACCESS TO AND FROM SAID AREA
TO MAINTAIN, REPAIR OR REPLACE THE SAME, REPEALING ALL ORDINANCES
OR PARTS OR ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR THE
PUBLICATION OF THIS ORDINANCE AND ITS EFFECT.
Be it ordained by the Mayor and Council of the City of
Caldwell, Idaho:
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Section 1. That by Ordinance No. 1102, passed by the
Council and approved by the Mayor of the City of Caldwell, Idaho, on
the 7th day of August, 1967, and published in the News- Tribune, a
newspaper published in the City of Caldwell, Idaho, in one issue
thereof on the 12th day of August, 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 alley in Block 36 Mountain View Addition to Caldwell,
Idaho, according to the Plat of said Addition, Filed May 10, 1907 in
Book 2 of Plats at Page 53, in the Office of the County Recorder,
Canyon County, Idaho, subject to the City of Caldwell reserving unto
itself and to all utility companies all existing easement rights in
the area comprising said alley for sewer lines, power lines and gas
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1 lines and telephone lines as presently located thereon or therein,
2 with the further reservation to the City of Caldwell and all utility
3 companies with easement rights in the area comprising said alley for
4 access to and from said area to maintain, repair or replace the pre-
y sent existing sewer, power, telephone and gas lines as presently
6 located thereon or therein, which ordinance provided the manner for
7 filing claims for damages which would be sustained by the vacating
8 of the alley in Block 36 Mountain View Addition Addition to Caldwell,
9 Idaho as described in this section.
01 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 the alley in
Block 36 Mountain View Addition hereinbefore described in Section 1
16 of this ordinance, and that it is in fact to the best interest and
17 advantage of the City of Caldwell, Idaho, and its citizens and its
18 property owners, that the above described alley in Block 36 Mountain
19 View Addition, subject to the City of Caldwell reserving unto itself
20 and to all utility companies all existing easement rights in the area
21 comprising said street for sewer lines, power lines, telephone lines
22 and gas lines as presently located thereon or therein, with the
23 further reservation to the City of Caldwell and all utility companies
24 with easement rights to the area comprising said alley for access to
25 and from said area to maintain, repair and replace the present exist
26 ing sewer, power, telephone and gas lines as presently located there
27 on or therein.
28 Section 3• Be it ordained and established that the alley
29 in Block 36 Mountain View Addition as hereinbefore described in
30 Section 1 of this ordinance, from and after its passage, approval
$1 and publication of this ordinance, shall be vacated, and shall no
32 longer be open or subject to the use of the public; and thereupon
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the title to said alley in Block 36 Mountain View Addition as here -
inbefore 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 alley therein, subject to the City of Caldwell reservin
unto itself and to all utility companies all existing easement rights
in the area comprising said alley for sewer lines, power lines, tele-
phone lines and gas lines as presently located thereon or therein,
with the further reservation to the City of Caldwell and all utility
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companies with easement rights in the area comprising said street
for access to and from said area to maintain, 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 the alley in Block 36 Mountain View Addition as
hereinbefore described in Section 1 of this ordinance, has been filed
19 or made, it is hereby determined that no damages will be sustained
20 by the citizens of or owners of property in the City of Caldwell,
21 Idaho, by reason of the vacation of said alley in Block 36 Mountain
22 11 View Addition above described.
Section 5. That all ordinances or parts of ordinances in
24 conflict herewith are hereby repealed.
25 PASSED By the Council of the City of Caldwell, this 21st
26 day of August, 1967.
27 APPROVED By the Mayor of the City of Caldwell, this 21st
28 day of August, 1967
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