HomeMy WebLinkAboutORD 1165·-..
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BILL NO. 18 _--=.;:;::;..__ __
ORDINANCE NO. 1165 _ ___.;;;..___ __
BY COUNCILMAN CARPENTER -----------------
4 AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION OF ORDI-
NANCE NO. 1162; DETERMINING THAT NO OBJECTIONS TO THE VACATION OF
5 POPLAR STREET BETWEEN COLLEGE AVENUE AND COLORADO AVENUE, AS SHOWN
ON THE PLAT OF MOUNTAIN VIEW ADDITION TO CALDWELL, IDAHO, ON FILE
6 MAY 10, 1907, IN BOOK 2 OF PLATS AT PAGE 53, IN THE OFFICE OF THE
COUNTY RECORDER OF CANYON COUNTY, IDAHO, HAVE BEEN MADE OR FILED AND
7 THAT NO CLAIM OR CLAIMS FOR DAMAGES WHICH WOULD BE SUSTAINED BY REAS~
THEREOF HAVE BEEN FILED; DETERMINING THAT THE VACATION OF SAID PORTIO
8 OF THE STREET HEREINBEFORE DESCRIBED IN THIS CAPTION IS TO THE BEST
INTEREST AND ADVANTAGE OF THE CITY OF CALDWELL, ITS CITIZENS AND
9 PROPERTY OWNERS; DETERMINING THAT NO DAMAGE WILL BE SUSTAINED BY ANY
CITIZEN OR PROPERTY OWNER BY REASON OF THE VACATION OF A PORTION OF
10 THE STREET HEREINBEFORE DESCRIBED IN THIS CAPTION; PROVIDING THAT THE
TITLE TO SAID PORTION OF THE STREET, HEREINBEFORE DESCRIBED IN THIS
11 CAPTION, AS VACATED, SHALL REVERT TO THE PERSONS DEDICATING THE SAME,
THEIR SUCCESSORS, HEIRS AND ASSIGNS. REPEALING ALL ORDINANCES OR
12 PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR THE PUBLI-
CATION OF THIS ORDINANCE AND ITS EFFECT.
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14 Be it ordained by the Mayor and Council of the City of
15 Caldwell, Idaho:
16 Section 1. That by Ordinance No. 1162, passed by the Coun-
17 cil and approved by the Mayor of the City of Caldwell, Idaho, on the
18 5th day of May, 1969, and published in the News-Tribune, a newspaper
19 published in the City of Caldwell, Idaho, in one issue thereof on the
20 lOth day of May, 1969, notice was given to all citizens and owners of
21 property in the City of Caldwell, Idaho, that an application has been
22 presented to the Mayor and Council of the City of Caldwell, Idaho,
23 requesting the passage and approval of an ordinance vacating Poplar
24 Street between College Avenue and Colorado Avenue, as shown on the
25 plat of Mountain View Addition to Caldwell, Idaho, on file May 10,
26 1907, in Book 2 of Plats at Page 53, in the office of the county
27 recorder of Canyon County, Idaho.
28 Section 2. That Lena Lakey and Harry Granger, owners of
29 property or an interest in property abutting, adjoining and contigu-
30 ous to the portion of Poplar Street as herein described in Section 1
31 of this ordinance, in addition to the notice published in the News-
32 Tribune as recited in Section 1 of this ordinance, were also
1 personally served with a copy of Or~inance No. 1162 of the City of
2 Caldwell, the same having been personally served upon them by the
3 sheriff's office of Canyon County, Idaho, on the 14th day of May,
4 1969, they not having signed the request for the vacating of said ~r
5 Section 3. That no objections to the granting of said
6 application have been made or filed and no claim or claims for dam-
7 ages which would result therefrom; and it is hereby deter.mined that
8 no citizen of or owner of property of the City of Caldwell, Idaho,
9 will be damaged or injured by the vacatlon of said portion of the
10 street hereinbefore described in Section 1 of this ordinance, and
11 that it is in fact to the best interest and advantage of the City of
12 Caldwell, Idaho, and its citizens and its property owners, that the
13 said portion of the street as described in Section 1 be vacated.
14 Section 4. Be it ordained and established that a portion
15 of the street as hereinbefore described in Section 1 of this ordi-
16 nance, from and after its passage, approval and publication of this
17 ordinance, shall be vacated, and shall no longer be open or subject
18 to the use of the public; and thereupon the title to said portion of
19 the street as hereinbefore described in Section 1 of this ordinance,
20 shall pass and revert to the person dedicating the same or their
21 successors, heirs and assigns, free of all easement and dedication
22 heretofore ex.isting for a public street therein.
23 Section 5. It appearing that no claim or claims for damage
24 sustained by any citizen or citizens of the City of Caldwell, Idaho,
25 or by any owner or owners of property therein,1 by reason of the
26 vacation of said portion of the street as hereinbefore described in
27 Section 1 of this ordinance, has been filed or made, it is hereby
28 deter.mined that no damages will be sustained by the citizens of or
29 owners of property in the City of Caldwell, Idaho, by reason of the
30 vacation of said portion of the street above described.
31 Section 6. That all ordinances or parts of ordinances in
32 conflict herewith are hereby repealed.
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1 PASSED By the Council of the City of Caldwell this 2nd day
2 of June, 1969.
3 APPROVED By the Mayor of the City of Caldwell this 2nd day
4 of June, 1969.
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