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HomeMy WebLinkAboutORD 1249BILL N0. 7 ORDINANCE NO. 1249 BY COUNCILMAN GAMA AN ORDINANCE RECITING THE PASSAGE, APPROVAL, AND PUBLICATION OF ORDINANCE NO. 1246; DETERMINING THAT NO OBJECTIONS TO THE VACATION OF ALL OF THE ALLEY THROUGH BLOCK 138 AND BLOCK 31 ACCORDING TO THE PLAT OF HASBROLiCK'S RESUBDIVISION OF BLOCK 138, STRAHORN ADDITION, AND LOTS 22 24, 25 and 28, FAIR ACRES ADDITION TO CALDWELL, IDAHO, SECTION 28, TOWNSHIP 4 NORTH, RANGE 3 WEST OF THE BOISE MERIDIAN AS SHOWN ON THE OFFICIAL PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE RECORDER OF CANYON COUNTY, IDAHO, WITHIN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, HAVE BEEN MADE OR FILED AND THAT NO CLAI ^M OR CLAIMS FOR DAMAGES WHICH WOULD BE SUSTAINED BY REASON THEREOF HAVE, BEEN FILED: DETERMINING THAT THE VACATION OF SAID ALLEY ABOVE DESCRIBED IS TO THE BEST INTERESTS AND ADVANTAGE OF THE CITY OF CALDWELL ITS CITIZENS ANT. PROPERTY OWNERS, DETERMINING THAT NO DAMAGE WILL BE SUSTAINED BY ANY CITIZEN OR PROPERTY OWNER BY REASON OF THE VACATION OF TIME ALLEY ABOVE DESCRIBED; PROVIDING THAT THE TITLE TO SAID ALLEY ABOA!E DESCRIBED WITHIN THE CITY OF CALDWELL, IDAHO AS VACATED, SHALL REVERT TO THE PERSONS DEDICATING TLLE SAME, THEIR SUCCESSORS, HEIRS AND ASSIGNS, SUBJECT TO THE CITY OF CALDWELL RESERVING UNTO ITSELF AND TO ALL UTILITY CONTPANIES ALL EXISTING EASPISNT RIGHTS IN THE AREA, IF ANY, PERTAINING TO SEWER LINES, POWER LINES, TELEPHONE LINES AND GAS LINES, TOGETHER WITH ACCESS TO AND FROIA SAID AREA TO 'MAINTAIN, REPAIR OR REPLACE THE SAME; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROIIDING 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. 1246, passed by the Council and approved by the Mayor of the City of Caldwell, Idaho, on the 22nd day of February, 1972, and published in The News - Tribune, a newspaper published in the City of Caldwell, Idaho, in one issue thereof on the 26th day of February, 1972, 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 all of the alley through Block 138 and Block 31 according to the plat of Hasbrouck's Resubdivision of Block 138, Strahorn Addition, and Lots 22, 24, 25 and 28, Fair Acres Addition to Caldwell., Idaho, r Section 28, Township 4 North, Range 3 West of the Boise Meridian as shown on the official plat thereof on file and of record in the office of the Recorder of 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 easement rights for sewer lines, power lines, 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 said alley above described. Section 2. That no objection 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 determined that no citizen of or owner of property of the City of Caldwell, Idaho, will be damaged or injured by the vacation of said alley 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 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 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 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. Section 3. Be it ordained and established that the alley above described, from and after the passage, approval and publication of this ordin- ance, shall be vacated, and shall no longer be open or subject to the use of the public; and thereupon the title to said alley 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 alley above described 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 sus- tained 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 alley as hereinbefore described has been filed or made, it is hereby determined that no damages will be sustained by the citizens or owners of property in the City of Caldwell, Idaho, by reason of the vacation of said alley 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, Idaho, this 6th day of March, 1972. APPROVED By the Mayor of the City of Caldwell, Idaho, this 6th day of March, 1972. r "? Mayor A r City Clerk ��