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HomeMy WebLinkAboutORD 1137BILL NO. 17 ORDINANCE NO. 1137 BY COUNCILMAN CARPENTER 4 AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION OF ORDINANCE NO. 1134; DE'T'ERMINING THAT NO OBJECTIONS TO THE VACATION 5 OF ALL OF FILLMORE STREET BETWEEN TWENTIETH AVENUE AND ASH STREET AS SHOWN ON THE PLAT OF STEUNENBERG'S ACREAGE ON FILE IN BOOK 1 6 OF PLATS, PAGE 40 OF THE RECORDS OF THE RECORDER OF CANYON COUNTY, IDAHO HAVE BEEN MADE OR FILED AND THAT NO CLAIM OR CLAIMS FOR 7 DAMAGES WHICH WOULD BE SUSTAINED BY REASON THEREOF HAVE BEEN FILED; DETERMINING THAT THE VACATION OF SAID FILLMORE STREET HEREINBEFORE 8 DESCRIBED IN THIS CAPTION IS TO THE BEST INTEREST AND ADVANTAGE OF THE CITY OF CALDWELL, ITS CITIZENS AND PROPERTY OWNERS; DETERMINING 9 THAT NO DAMAGE WILL BE SUSTAINED BY ANY CITIZEN OR PROPERTY OWNER BY REASON OF THE VACATION OF FILLMORE STREET HEREINBEFORE DESCRIBED to IN THIS CAPTION; PROVIDING THAT THE TITLE TO SAID FILLMORE STREET, HEREINBEFORE DESCRIBED IN THIS CAPTION, AS VACATED, SHALL REVERT 11 TO THE PERSONS DEDICATING THE SAME, THEIR SUCCESSORS, HEIRS AND ASSIGNS. REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- 12! FLICT HEREWITH AND PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE AND ITS EFFECT. 131 '1 A� 14 Be it ordained by the Mayor and Council of the City of t 15 Caldwell, Idaho: pp .i u m 16 Section 1. That by Ordinance No. 1134, passed by the 17 Council and approved by the Mayor of the City of Caldwell, Idaho, 0 18 on the 3rd day of June, 1968, and published in the News- Tribune, 19 a newspaper published in the City of Caldwell, Idaho, in one issue 20 thereof on the 8th day of June, 1968, notice was given to all citi- 21 zens and owners of property in the City of Caldwell, Idaho, that 22 I an application has been presented to the Mayor and Council of the 23 City of Caldwell, Idaho, requesting the passage and approval of 241! an ordinance vacating all of Fillmore Street between Twentieth 25i Avenue and Ash Street as shown on the Plat of Steunenberg's 26 Acreage on file in Book 1 of Plats, page 40 of the records of the 27 Recorder of Canyon County, Idaho. 28 Section 2. That no objections to the granting of said 291 application have been made or filed and no claim or claims for 301 damages which would result therefrom; and it is hereby determined 31 that no citizen of or owner of property of the City of Caldwell, 32 Idaho, will be damaged or injured by the vacation of said Fillmore ,I p z 0 a c� i� 6 7 8 9 10 11 12 13 14 15 16 17 18 19 22 24 26 28 31 0 0 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 Fillmore Street as described in Section 1 be vacated. Section 3. Be it ordained and established that Fillmore Street as hereinbefore described in Section 1 of this ordinance, from and after its passage, approval and publication of this ordinance, shall be vacated, and shall no longer be open or sub - ject to the use of the public; and thereupon the title to said Fillmore Street as hereinbefore 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 street therein. Section 4. It appearing that no claim or claims for damages sustained by any citizen or citizens of the City of Cald- well, Idaho, or by any owner or owners of property therein, by reason of the vacation of said Fillmore Street as hereinbefore described in Section 1 of this ordinance, has been filed or made, it is hereby 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 Fillmore Street 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 1st day of July, 1968. APPROVED By the Mayor of the City of Caldwell this lst day of July, 1968.