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HomeMy WebLinkAboutORD 1123AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION OF ORDIN ANCE NO. 1115; DETERMINING THAT NO OBJECTIONS TO THE VACATION OF THIRD AVENUE BETWEEN BLOCK 94 AND 95 ACCORDING TO THE REVISED MAP OF CALDWELL, IDAHO, FILED AT 3 :00 P.M., JULY 29, 1891 AND NOW ON FILE AND OF RECORD IN BOOK 1 OF PLATS, PAGE 20, RECORDS OF CANYON COUNTY, IDAHO, AND BETWEEN THE SOUTHWESTERLY BOUNDARY LINE OF ALBANY STREET AND THE NORTHEASTERLY RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD COMPANY, HAVE BEEN MADE OR FILED AND THAT NO CLAIM OR CLAIM FOR DAMAGES WHICH WOULD BE SUSTAINED BY REASON THEREOF HAVE BEEN FILED; DETERMINING THAT THE VACATION OF SAID STREET 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 HEREINBEFORE DESCRIBED IN THIS CAPTION; PROVIDING THAT THE TITLE TO SAID STREET, 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 STREET FOR SEWER LINES, POWER LINES AND GAS LINES, TOGETHER WITH ACCESS TO AND FROM SAID AREA TO MAINTAIN, REPAIR OR REPLACE THE SAME REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE AND ITS EFFECT. �_7 0 Aa� ON X 0 BILL NO. 3 ORDINANCE NO. 1123 BY COUNCILMAN KEYS Be it ordained by the Mayor and Council of the City of Caldwell, Idaho: 10 11 12 13 14 15 16 17 18; 1 Section 1. That by Ordinance No. 1115, passed by the Coun- �I 19, cil and approved by the Mayor of the City of Caldwell, Idaho, on the 4th day of December, 1967 and published in the News- Tribune, a 211 newspaper published in the City of Caldwell, Idaho, in one issue thereof on the 9th day of December, 1967, notice was given to all 23!1 citizens and owners of property in the City of Caldwell, Idaho, that 24 an application has been presented to the Mayor and Council of the 25 City of Caldwell, Idaho, requesting the passage and approval of an 26, ordinance vacating Third Avenue between Block 94 and 95 according 27 to the Revised Map of Caldwell, Idaho, filed at 3 :00 P.M., July 20, 28 1891 and now on file and of record in Book 1 of Plats, Page 20, 29 �I records of Canyon County, Idaho, and between the Southwesterly zu boundary line of Albany Street and the Northeasterly right-of-way 31 line of the Union Pacific Railroad Company, subject to the City of 32 Caldwell reserving; unto itself and to all utility companies all 1 1 I M 0 a � � U b V K 2 existing easement rights in the area comprising said street for sewer lines, power lines and gas lines and telephone 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, repair or replace the present existing sewer, power, telephone and gas lines as presently located thereon or there- in, which ordinance provided the manner for filing claims for damages which would be sustained by the vacating of said street, as descri- bed in this section. Section 2. That no objections to the granting of said application have been made or filed and no claim or claims for damage 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 said street hereinbefore described in Section 1 of this ordinance, and that it is in fact to the best interest and advantage of the City of Caldwell, Idaho, and its citizens and its property owners, that the said street, as described in Section 1 be vacated, subject to the City of Caldwell 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 Cald- well and all utility companies with easement rights to the area comprising said street for access to and from said area to maintain, repair and replace the present existing sewer, power, telephone and gas lines as presently located thereon or therein. 28 Section 3. Be it ordained and established that a street as 29 hereinbefore described in Section 1 of this ordinance, from and 30 after its passage, approval and publication of this ordinance, shall 31 be vacated, and shall no longer be open or subject to the use of the 32 { public; and thereupon the title to said street as hereinbefore r_ 1 0 dd �.. 00 a � � U 0 5 described in Section 1 of this ordinance, shall pass and revert to the person dedicating the same or their successors, heirs and assign. free of all easement and dedication heretofore existing for a public street therein, subject to the City of Caldwell reserving unto itself and to all utility companies all existing easement rights in the area comprising said street for sewer lines, power lines, tele- 71' phone lines and gas lines as presently located thereon or therein, with the further reservation to the City of Caldwell and all utility 91i companies with easement rights in the area comprising said street 1 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, 15, or by any owner or owners or property therein, by reason of the lsi' vacation of said street as hereinbefore described in Section 1 of ! 171 this ordinance, has been filed or made, it is hereby determined that 11 no dam will be sustained b the citizens of or owners of 18,I $ y prop - 19 i erty in the City of Caldwell, Idaho, by reason of the vacation of i! 201 said street above described. 21 Section 5. That all ordinances or parts of ordinances in I 22j; conflict herewith are hereby repealed. PASSED By the Council of the City of Caldwell this 8th day of January, 1968 APPROVED By the Mayor of the City of Caldwell this 8th day 2 611 of January, 1968. m a — Y 7 03 ATTEST: