HomeMy WebLinkAboutORD 1182BILL NO. 35
ORDINANCE NO. 1182
BY COUNCILMAN KEYS
AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION OF ORDIN-
ANCE NO. 1180; DETERMINING THAT NO OBJECTIONS TO THE VACATION OF A
SEWER EASEMENT IN BLOCK 1 OF CINDERELLA PARK ADDITION TO THE CITY OF
CALDWELL ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER
OF CANYON COUNTY, 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 SAID SEWER EASEMENT HERE
INBEFORE DESCRIBED IN THIS CAPTION IS TO THE BEST INTEREST AND ADVAN-
TAGE OF THE CITY OF CALDWELL, ITS CITIZENS AND PROPERTY OWNERS; DETER
MINING THAT NO DAMAGE WILL BE SUSTAINED BY ANY CITIZEN OR PROPERTY
OWNER BY REASON OF THE VACATION OF SAID SEWER EASEMENT HEREINBEFORE
DESCRIBED IN `ES CAPTION. REPEALING ALL ORDINANCES OR PARTS OF ORD-
INANCES IN CONFLICT HEREWITH.
1111 Be it ordained by the Mayor and Council of the City of
12 Caldwell, Idaho:
® 13 Section 1. That by Ordinance No. 1180, passed by the
X 14 Council and approved by the Mayor of the City of Caldwell, Idaho, on
�laQ x<" 15 the 3rd day of November, 1969, and published in the News - Tribune, a
o pqq 16 newspaper published in the City of Caldwell, Idaho, in one issue
17 thereof on the 8th day of November, 1969, notice was given to all
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18 citizens and owners of property in the City of Caldwell, Idaho, that
19 an application has been presented to the Mayor and Council of the
20 City of Caldwell, Idaho, requesting the passage and approval of an
21 ordinance vacating the sewer easement in Cenderella Park Addition
22 to the City of Caldwell, Idaho, according to the official Plat on
231 file and of record in the office of the County Recorder of Canyon
24 County, Idaho, the description of which easement is as follows:
25
Beginning at the Southeast corner of
Lot 4 of
Block 1 of Cinderella Park Addition
to the City
26�
of Caldwell as shown on the official
Plat thereof
on file and of record in the office
of the Recorder
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of Canyon County, Idaho; thence West
on the South
line of said Block 1, 4.00 feet; thence
North and
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parallel with the East line of said
Lot 4, 136.66
feet; thence East and parallel with
the North line
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of said Block 1, 20.00 feet; thence
South and
parallel with the East line of said
Lot 4, 136.66
30
feet to the South line of said Block
1; thence
West along the South line of said Block
1, 16
311
feet to Point of Beginning.
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Section 2. That no objections to the granting of said
application have been made or filed and no claim or claims for dam-
ages 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 the said sewer ease-
ment 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 sewer easement as described in Section 1 be vacated.
Section 3. Be it ordained and established that the sewer
e asement as hereinbefore described in Section 1 of this ordinance,
from and after the passage, approval and publication of this ordin-
ance, shall be vacated, and shall no longer be open or subject to
use of the public; and thereupon any right of the City of Caldwell
to use the real property as hereinbefore described in Section 1 of
this ordinance for sewer easements purposes, is hereby released and
the interest of the City therein 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 sewer easement
20 therein.
21 Section 4. It appearing that no claim or claims for dam-
ages 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 vacation of said sewer easement 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 sewer easement 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 15th
day of December, 1969.
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1 APPROVED By the Mayor of the City of Caldwell this 17th
2 day of December, 1969.
ATTEST:
ty Clerk
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