HomeMy WebLinkAboutORD 1216BILL NO. 12
ORDINANCE NO. 1216
BY COUNCILMAN KEYS
AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION OF
ORDINANCE NO. 1214; DETERMINING THAT NO OBJECTIONS TO THE VACA-
TION OF LOCUST STREET AT THE INTERSECTION OF CLEVELAND BOULEVARD
WITHIN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, THE PORTION
OF SAID LOCUST STREET VACATED BEING DESCRIBED AS FOLLOWS, TO WIT:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
SECTION 35, TOWNSHIP 4 NORTH, RANGE 3 WEST OF THE BOISE MERIDIAN;
THENCE SOUTH 0 11' 20" EAST, ALONG THE WEST BOUNDARY OF THE
SAID NORTHEAST QUARTER OF SECTION 35, 654.85 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTH 89 29' 45" EAST, 114,.56
FEET; THENCE SOUTH 43 07' 30 WEST, 82.81 FEET; THENCE SOUTH
89 29' 45" NEST, 8.29 FEET TO A POINT IN THE NORTHEASTERLY
BOUNDARY OF CLEVELAND BOULEVARD; THENCE NORTH 46 52' 30" WEST,
ALONG THE NORTHEASTERLY BOUNDARY OF CLEVELAND BOULEVARD, 68.02
FEET; THENCE NORTH 0 11' 20" WEST, 13.04 FEET TO THE TRUE POINT
OF BEGINNING; 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 PORTION
OF LOCUST STREET ABOVE DESCRIBED IS TO THE BEST INTERESTS 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 THAT
PORTION OF LOCUST STREET ABOVE DESCRIBED; PROVIDING THAT THE
TITLE TO SAID PORTION OF SAID LOCUST STREET ABOVE DESCRIBED
WITHIN THE CITY OF CALDWELL, IDAHO, 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, IF ANY, PERTAINING TO 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. 1214, passed by the
Council and approved by the Mayor of the City of Caldwell, Idaho,
on the 19th day of April, 1971, and published in the News -
Tribune, a newspaper published in the City of Caldwell, Idaho,
in one issue thereof on the 24th day of April, 1971, 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 Locust Street at
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its intersection with Cleveland Boulevard withmthe City of
Caldwell, Canyon County, Idaho, which portion vacated is herein -
above described, subject to the City of Caldwell reserving unto
itself and to all utility companies all existing easement rights
in the area comprising easement rights 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 easement rights 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, which ordinance provided the manner for
filing claims for damages which would be sustained by the
vacating of that portion of said Locust Street above described.
Section Z. 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 here -
by determined that no citizen of or owner of property of the
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City of Caldwell, Idaho, will be damaged or injured by the
vacation of that portion of said Locust Street above described,
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 portion of the above described street be
vacated, subject to the City of Caldwell reserving unto itself
and to all utility companies all existing easement rights in
the area comprising easement rights 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 portion of said street vacated 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.
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Section 3. Be it ordained and established that
the portion of Locust Street above described, from and after
the passage, approval and publication 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 portion of
Locust Street above described 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, subject to the City of
Caldwell reserving unto itself and to all utility companies all
existing easement rights in the area comprising said portion of
said street 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
portion of said Locust Street 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 said portion of Locust Street
as hereinbefore described 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 that portion of Locust 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
3rd day of May, 1971.
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APPROVED By the Mayor of the City of Caldwell this 3rd
day of May, 1971.
ATTEST: Mayor
L t C ler