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Home My WebLink AboutORD 11085 9 1 11 12 13 A� 14 ' 15 �? 16 � � U 17 0 18 19 BILL NO. 18 ORDINANCE NO. 1108 BY COUNCILMAN CA.RPnTTER AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION OF ORDIN- ANCE NO. 1105; DETERMINING THAT NO OBJECTIONS TO THE VACATION OF AN ALLEY 16 FEET IN WIDTH ON THE SOUTHEASTERLY SIDE OF LOT 20 OF BLOCK 9 OF THE ORIGINAL TOWN, NOW CITY, OF CALDWELL, AS THE SAME IS SHOWN ON THE OFFICIAL PLAT THEREOF NOW ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF CANYON COUNTY, STATE OF IDAHO, HAVE BEEN MADE OR FILED AND THAT NO CLAIM OR CLAIMS FOR DAMAGES WHICH WOULD BE SUSTAINED BY REASON THEREOF HAVE BEEN FILED; DETERMINING THAT THE VACATION OF AN ALLEY 16 FEET IN WIDTH ON THE SOUTHEASTERLY SIDE OF LOT 20 OF BLOCK 9 OF THE CITY OF CALDWELL, 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 AN ALLEY 16 FEET IN WIDTH ON THE SOUTHEASTERLY SIDE OF LOT 20 OF BLOCK 9 OF THE CITY OF CALDWELL, IDAHO, HEREINBE- FORE DESCRIBED IN THIS CAPTION; PROVIDING THAT THE TITLE TO AN ALLEY 16 FEET IN WIDTH ON THE SOUTHEASTERLY SIDE OF LOT 20 OF BLOCK 9 OF THE CITY OF 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 RESER- VING UNTO ITSELF AND TO ALL UTILITY COMPANIES ALL EXISTING EASEMENTS RIGHTS IN THE AREA COMPRISING SAID ALLEY FOR SEWER LINES, POWER LINES, TELEPHONE LINES AND GAS LINES, TOGETHER WITH ACCESS TO AND FROM SAID AREA TO MAINTAIN, REPAIR OR REPLACE THE SAME; REPEALING ALL ORDINANCE OR PARTS OF 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: Section 1. That by Ordinance No. 1105, passed by the Council and approved by the Mayor of the City of Caldwell, Idaho, on II the 5th day of September, 1967 and published in the News - Tribune, a 221 _], newspaper published in the City of Caldwell, Idaho, in one issue thereof on the 9th day of September, 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 an Alley 16 feet in Width on the Southeasterly side of Lot 20 of Block 9 of the Original Town, now City, of Caldwell, as the sa is shown on the Official Plat thereof now on file and of record in 31 the office of the County Recorder of Canyon County, State of Idaho, ,, subject to the City of Caldwell reserving unto itself and to all 1 utility companies all existing easement rights in the area comprising 2 said alley for sewer lines, power lines and gas lines and telephone 3 lines as presently located thereon or therein, with the further re- 4 servation to the City of Caldwell and all utility companies with 5 easement rights in the area comprising said alley for access to and 6 from said area to maintain, repair or replace the present existing 7 sewer, power, telephone and gas lines as presently located thereon 8 or therein, which ordinance provided the manner for filing claims 9 for damages which would be sustained by the vacating of an alley 16 10 feet in width on the Southeasterly side of Lot 20 of Block 9 of the 11 City of Caldwell, Idaho as described in this section. 12. Section 2. That no objections to the granting of said 13I application have been made or filed and no claim or claims for damage s° 14� and it is hereby which would result therefrom; y determined that no 15 citizen of or owner of property of the City of Caldwell, Idaho, will �? 161 be damaged or injured by the vacation of an alley 16 feet in width a�rJ 1711 on the Southeasterly side of Lot 20 of Block 9 of Caldwell, herein - c 18 I' :1 before described in Section 1 of this ordinance, and that it is in 19'! fact to the best interest and advantage of the City of Caldwell, 20 Idaho, and its citizens and its property owners, that the above des - 2111 cribed alley on the Southeasterly side of Lot 20 of Block 9 be vacated 22 subject to the City of Caldwell reserving unto itself and to all 231 utility companies all existing easement rights in the area comprising 24 said alley for sewer lines, power lines, telephone lines and gas 25 lines as presently located thereon or therein, with the further reser- 26 vation to the City of Caldwell and all utility companies with ease - 27 ment rights to the area comprising said alley for access to and from 28 said area to maintain, repair and replace the present existing sewer, 29 power, telephone and gas lines as presently located thereon or there - h � in. 31 Section 3• Be it ordained and established that an alley 32 16 feet in width on the Southeasterly side of Lot 20 of Block 9 as I g o il 01 qq 0 1 hereinbefore described in Section 1 of this ordinance, from and 2 after its passage, approval and publication of this ordinance, shall 3 be vacated, and shall no longer be open or subject to the use of the 4 public; and thereupon the title to said alley in the southeasterly 5 side of Lot 20 of Block 9 as hereinbefore described in Section 1 of 6 this ordinance, shall pass and revert to the persons dedicating the 7 same or their successors, heirs, and assigns, free of all easement 8 and dedication heretofore existing for a public alley therein, sub - 9 ject to the City of Caldwell reserving unto itself and to all utility 10 companies all existing easement rights in the area comprising said ill alley for sewer lines, power lines, telephone lines and gas lines as 12 presently located thereon or therein, with the further reservation 13 to the City of Caldwell and all utility companies with easement 14 rights in the area comprising said alley for access to and from said 15 area to maintain, repair or replace the present existing sewer, power 16 telephone and gas lines as presently located thereon or therein. 17 Section 4. It appearing that no claim or claims for 181', damages sustained by any citizen or citizens of the City of Caldwell, 19i! Idaho, or by any owner or owners of property therein, by reason of 20' the vacation of an alley 16 feet in width on the Southeasterly side 21 of Lot 20 of Block 9 of the City of Caldwell as hereinbefore described 22I in Section 1 of this ordinance, has been filed or made, it is hereby 23 determined that no damages will be sustained by the citizens of or 241 owners of property in the City of Caldwell, Idaho by reason of the 25 vacation of an alley 16 feet in width on the Southeasterly side of 26 Lot 20 of Block 9 of the City of Caldwell above described. 27 Section 5. That all ordinances or parts of ordinances in 28 conflict herewith are hereby repealed. 29 PASSED By the Council of the City of Caldwell this 18th 30 day of September, 1967. 31 APPROVED By the Mayor of the City of Caldwell this 18th 32 day of September, 1967. ti n U Mayor ATTEST: City Cl k q o e , oil c� 18 19 22 23 31