HomeMy WebLinkAboutORD 1183re �
BILL NO. 36
ORDINANCE NO. L183
BY COUNCILMAN HARR ISON
AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION OF ORDIN-
ANCE NO. 1181; DETERMINING THAT NO OBJECTIONS TO THE VACATION OF A
UTILITY AND IRRIGATION EASEMENT IN BLOCK 1 OF MESA SUBDIVISION 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 THERE-
OF HAVE BEEN FILED; DETERMINING THAT THE VACATION OF SAID UTILITY
AND IRRIGATION EASEMENT 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 SAID UTIL-
ITY AND IRRIGATION EASEMENT HEREINBEFORE DESCRIB ED IN THIS CAPTION.
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH.
11 Be it ordained by the Mayor and Council of the City of
12 Caldwell, Idaho:
.0 13 Section 1. That by Ordinance No. 1181, passed by the
0 go 14 Council and approved by the Mayor of the City of Caldwell, Idaho, on
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�< 15 the 3rd day of November, 1969, and published in the News - Tribune, a
o�A 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 utility and irrigation easement in Mesa Sub -
22 division to the City of Caldwell, Idaho, according to the official
23 Plat on file and of record in the office of the County Recorder of
24 Canyon County, Idaho, the description of which easement is as follows:
Beginning at the Southwest corner of Lot 3, of
Block 1 of Mesa Subdivision to the City of
Caldwell, Idaho, according to the official Plat
thereof on file and of record in the office of
the Recorder of Canyon County, Idaho; thence
North along the West line of said Block 1, 10
feet; thence East and parallel with the South line
of Lot 3 of said Block 1, 125.59 feet; thence
South and parallel with the East line of said
Block 1, 20 feet; thence West and parallel with
the South line of Lot 3 of said Block 1, 125.59
feet to the West line of said Block 1; thence
North along the West line of said Block 1, 10
feet to Point of Beginning.
Section 2. That no objections to the granting of said
application have been made or filed and no claim or claims for dam-
3 ages which would result therefrom; and it is hereby determined that
4 no citizen of or owner of property of the City of Caldwell, Idaho,
5 will be damaged or injured by the vacation of the said utility and
61 irrigation easement hereinbefore described in Section 1 of this or-
dinance, 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 utility and irrigation easement as described
in Section 1 be vacated.
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11 Section 3. Be it ordained and established that the util-
12 ity and irrigation easement as hereinbefore described in Section 1
13 of this ordinance, from and after the passage, approval and publica-
14 tion of this ordinance, shall be vacated, and shall no longer be open
15 or subject to use of the public; and thereupon any right of the City
16 of Caldwell to use the real property as hereinbefore described in
17 Section 1 of this ordinance for utility and irrigation easements
16 purposes, is hereby released and the interest of the City therein
19 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 utility and irrigation easement therein.
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 utility and irrigation 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 citizen
of or owners of property in the City of Caldwell, Idaho, by reason of
the vacation of said utility and irrigation easement above described.
Section 5. That all ordinances or parts of ordinances in
c onflict herewith are hereby repealed.
PASSED By the Council of the City of Caldwell this 15th
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day of December, 1969.
APPROVED By the Mayor of the City of Caldwell this 17th
day of December, 1969.
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ATTEST:
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