HomeMy WebLinkAboutORD 1117I
BILL NO. 2 7
ORDINANCE NO. 1117
BY COUNCILMAN CARPENTER
9
1
11
12
13
Aar 14
� <
15
16
U
17
19'
20
21
22
23
24
25
26
27
3
AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION OF ORDIN
ANCE NO. 1111; DETERMINING THAT NO OBJECTIONS TO THE VACATION OF
O'HARA STREET BETWEEN BLOCK 5 AND BLOCK 6 OF MURRAY ADDITION TO THE
CITY OF CALDWELL, ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE AND
OF RECORD IN THE OFFICE OF THE CUUNTY RECORDER OF CANYON COUNTY,
IDAHO,/AND THAT CERTAIN ALLEY IN BLOCK 5 IN SAID MURRAY ADDITION BE-
ING A'STRIP OF LAND 8.00 FEET IN WIDTH ON EACH SIDE OF THE FOLLOWING
DESCRIBEC CENTERLINE; COMMENCING AT THE MIDPOINT OF THE NORTH BOUND-
ARY LINE OF SAID BLOCK 5; THENCE SOUTH 2$1.3 FEET TO THE MIDPOINT OF
THE SOUTH BOUNDARY LINE OF SAID BLOCK 5, HAVE BEEN MADE OR FILED AND
THAT NO CLAIM OR CLAIMS FOR DAMAGES WHICH WOULD BE SUSTAINED BY REA-
SON THEREOF HAVE BEEN FILED; DETERMINING THAT THE VACATION OF SAID
STREET AND ALLEY 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 A STREET
AND ALLEY HEREINBEFORE DESCRIBED IN THIS CAPTION; PROVIDING THAT THE
TITLE TO SAID ALLEY AND STREET, HEREINBEFORE DESCRIBED IN THIS CAP-
TION, 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 EASE.
MENT RIGHTS IN THE AREA COMPRISING SAID STREET AND 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 AaL 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:
Section 1. That by Ordinance No. 1111, passed by the Coun-
cil and approved by the Mayor of the City of Caldwell, Idaho, on the
6th day of November, 1967 and published in the News Tribune, a news-
paper published in the City of Caldwell, Idaho, in one issue thereof
on the 11th day of November, 1967 notice was given to all citizens
and owners of property in the City of Caldwell, Idaho, that an appli-
cation has been presented to the Mayor and Council of the City of
Caldwel, Idaho, requesting the passage and approval of an ordinance
vacating O'Hara Street between Block 5 and Block 6 of Murray Addition
to the City of Caldwell, according to the Official Plat thereof on
file and of record in the office of the County Recorder of Canyon
County, Idaho, and that certain alley in Block 5 in said Murray Addi-
tion being a strip of land 8.00 feet in width on each side of the
following described centerline; commencing at the midpoint of the
•
9
North boundary line of said Block 5; thence South 281.3 feet to the
1841 be damages or injured by the vacation of said street and alley herein
194; before described in Section 1 of this ordinance, and that it is in
20 fact to the best interest and advantage of the City of Caldwell,
2 Idaho, and its citizens and its property owne rs, that the said street
22 and alley as described in Section 1 be vacated, subject to the City
23
of Caldwell reserving unto itself and to all utility companies all
24 existing easement rights in the area comprising said street and alley
25 for sewer lines, power lines,telephone lines and gas lines as present
26 located thereon or therein, with the further reservation to the City
27 Caldwell and all utility companies with easement rights to the area
28 comprising said street and alley for access to and from said area to
29 maintain, repair and replace the present existing sewer, power, tele-
30 phone and gas lines as presently located thereon or therein.
31 Section 3. Be it ordained and established that a street and
32 alley as hereinbefore described in Section 1 of this ordinance, from
z
midpoint of the South boundary line of said Block 5, subject to the
3
City of Caldwell reserving unto itself and to all utility companies
4
all existing easement rights in the area comprising said street and
5
alley for sewer lines, power lines and gas lines and telephone lines
6
as presently located thereon or therein, with the further reserva-
7
tion to the City of Caldwell and all utility companies with easement
8
rights in the area comprising said street and alley for access to an
9
from said area to maintain, repair or replace the present existing
10
sewer, power, telephone and gas lines as presently located thereon or
111
therein, which ordinance provided the manner for filing claims for
12
damages which would be sustained by the vacating of said street and
13
alley, as described in this section.
°
14
Section 2. That no objections to the granting of said
�
151
application have been made or filed and no claim or claims for damage
16�
which would result therefrom; and it is hereby determined that no
1711
citizen of or owner of property of the City of Caldwell, Idaho, will
o
li
1841 be damages or injured by the vacation of said street and alley herein
194; before described in Section 1 of this ordinance, and that it is in
20 fact to the best interest and advantage of the City of Caldwell,
2 Idaho, and its citizens and its property owne rs, that the said street
22 and alley as described in Section 1 be vacated, subject to the City
23
of Caldwell reserving unto itself and to all utility companies all
24 existing easement rights in the area comprising said street and alley
25 for sewer lines, power lines,telephone lines and gas lines as present
26 located thereon or therein, with the further reservation to the City
27 Caldwell and all utility companies with easement rights to the area
28 comprising said street and alley for access to and from said area to
29 maintain, repair and replace the present existing sewer, power, tele-
30 phone and gas lines as presently located thereon or therein.
31 Section 3. Be it ordained and established that a street and
32 alley as hereinbefore described in Section 1 of this ordinance, from
Igo
0
a
�ea
c�
and after its passage, approval 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 street and alley as
hereinbefore described in Section 1 of this ordinance, shall pass and
revert to the person dedicating the same or their successors, heirs
and assigns, free of all easement and dedication heretofore existing
for a public street and alley therein, subject to the City of Cald-
well rese ving unto itself and to all utility companies all existing
easement rights in the area comprising said street and alley 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 and alley for access to and from said are
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
171 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
191! vacation of said street and alley as hereinbefore described in
Section 1 of this ordinance, has been filed or made, it is hereby
211 determined that no damages will be sustained by the citizens of or
owners of property in the City of Caldwell, Idaho, by reason of the
vacation of said street and alley above described.
Section 5. That all ordinances or parts of ordinances in
2511 conflict herewith are hereby repealed.
PASSED By the Council of the City of Caldwell this 4th day
of December, 1967.
28II APPROVED By the Mayor of the City of Caldwell this 4th day
29 of December, 1967
30 -
a
31 Mayor