HomeMy WebLinkAboutORD 1201BILL NO. 18
ORDINANCE NO. 1201
BY COUNCILMAN KEYS
AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION OF
ORDINANCE NO. 1200; DETERMINING THAT NO OBJECTIONS TO THE VACA-
TION OF THE ALLEY SIXTEEN FEET IN WIDTH IN BLOCK 101 ACCORDING
TO THE REVISED MAP OF CALDWELL, IDAHO, FILED JULY 29, 1891, AND
NOW OF RECORD IN BOOK 1 OF PLATS, PAGE 20, IN THE OFFICE OF THE
COUNTY RECORDER, 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 THE ALLEY SIXTEEN FEET IN WIDTH IN BLOCK 101 ACCORDING TO
THE REVISED MAP OF CALDWELL, IDAHO, FILED JULY 29, 1891, AND NOW
OF RECORD IN BOOK 1 OF PLATS, PAGE 20, IN THE OFFICE OF THE
COUNTY RECORDER, CANYON COUNTY, IDAHO, 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 CITIZENS OR PROPERTY OWNER BY
REASON OF THE VACATION OF THE SAID SIXTEEN -FOOT ALLEY HEREIN -
BEFORE DESCRIBED IN THIS CAPTION; PROVIDING THAT THE TITLE TO
SAID ALLEY SIXTEEN FEET IN WIDTH AND HEREINABOVE DESCRIBED, 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 ALLEY FOR SEWER LINES,
POWER LINES, TELEPHONE 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.
BE IT ORDAINED By the Mayor and Council of the City of
Caldwell, Idaho:
Section 1. That by Ordinance No. 1200, passed by the
Council and approved by the Mayor of the City of Caldwell, Idaho,
on the 17th day of November, 1970, and published in the News-
Tribune, a newspaper published in the City of Caldwell, Idaho,
in one issue thereof on the 21st day of November, 1970, notice
was given to all citizens and owners of property in the City of
Caldwell, Idaho, that an application has been presented to the
Mayor and Council of the City of Caldwell requesting the passage
and approval of an ordinance vacating the alley sixteen feet in
width in Block 101 according to the Revised Map of Caldwell,
Idaho, filed July 29, 1891, and now of record in Book 1 of Plats,
Page 20, in the office of the County Recorder, Canyon County,
Idaho, subject to the City of Caldwell reserving unto itself
and to all utility companies all existing easement rights in
the area comprising said alley 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 alley for access to and from said area to main-
tain, repair or replace the present existing sewer, power, tele-
phone and gas lines as presently located thereon or therein,
which ordinance provided the manner for filing claims for damages
which would be sustained by the vacating of the alley sixteen
feet in width in Block 101 according to the Revised Map of Cald-
well, Idaho, filed July 29, 1891, and now of record in Book 1
of Plats, Page 20, in the office of the County Recorder, Canyon
County, Idaho.
Section 2. That no objections to the granting of said
application have been made or filed and no claim or claims for
damages which would result therefrom; and it is hereby deter-
mined that no citizen of or owner of property of the City of
Caldwell, Idaho, will be damaged or injured by the vacation of
th.e alley sixteen feet in width in Block 101 according to the
Revised Map of Caldwell, Idaho, filed July 29, 1891 and now of
record in Book 1 of Plats, Page 20, in the office of the County
Recorder, Canyon County, Idaho, 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 above described alley
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 alley for sewer lines, power lines, telephone
lines and gas lines as presently located thereon or therein,
with the further reservation to the City of Caldwell and all
utility companies with easement rights to the area comprising
said alley 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.
Section 3. Be it ordained and established that the
alley sixteen feet in width in Block 101 according to the Revised
Map of Caldwell, Idaho, filed July 29, 1891 and now of record
in Book 1 of Plats, Page 20, in the office of the County Recorder,
Canyon County, Idaho, as hereinbefore described in Section 1 of
this ordinance, from and after its passage, approval and publica-
tion of this ordinance, shall be vacated, and shall no longer be
open or subject to the use of the public; and thereupon the
title to said alley in Block 101 according to the Revised Map
of Caldwell, Idaho, filed July 29, 1891 and now of record in
Book 1 of Plats, Page 20, in the office of the County Recorder,
Canyon County, Idaho, 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 alley
therein, subject to the City of Caldwell reserving unto itself and
to all utility companies all existing easement rights in the area
comprising said alley for sewer lines, power lines, telephone
lines and gas 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 alley
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, or by any owner or owners of property therein,
by reason of the vacation of the alley sixteen feet in width 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 the alley sixteen
feet in width 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 7th
day of December, 1970.
APPROVED By the Mayor of the City of Caldwell this 7th
day of December, 1970.
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