HomeMy WebLinkAboutORD 1255BILL NO. 15
ORDINANCE NO. 1255
BY COUNCILMAN GAMMA
AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION OF
ORDINANCE NO.'" 1253 ; DETERMINING THAT NO OBJECTIONS: TO THE
VACATION OF SEVEFTT fI AVENUE FROM GRANT STREET TO HARRISON STREET
WITHIN THE CITY. OF CALDWELL, CANYON COUNTY, IDAHO., DESCRIBED
AS FOLLOWS, TO WIT:
All of First Avenue West, now known as Seventh Avenue,
situated in and according to the plat of Shuee's
Resubdivision of Lots 1, 2, 3 and 24 of Strahorn Addition
and Lot 27 of Fair Acres, both of the City of Caldwell,
Idaho, as shown on the official plat thereof on file and
of record in the office of the 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 A PORTION .OF SAID SEVENTH
AVENUE, HEREINABOVE 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 A
PORTION OF SAID SEVENTH AVENUE ABOVE DESCRIBED IN THIS CAPTION;
PROVIDING THAT THE TITLE TO SAID PORTION OF STREET HEREINABOVE
DESCRIBED AS VACATED SHALL REVERT TO THE PERSONS DEDICATING THE
SAME OR 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 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. 1253 , passed by
the Council and approved by the Mayor of the City of Caldwell,
Idaho, on the 20th day of March, 1972, and published in The
News- Tribune, a newspaper published in the City of Caldwell, Idaho,
in one issue thereof on the 25th day of March, 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 a portion of Seventh
Avenue within the City of Caldwell, Canyon County, Idaho, 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 said street 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 street for .access to and from said area to
I
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 a portion of said
street hereinabove described.
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
said portion of Seventh Avenue hereinbefore described in the caption,
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 portion of said 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
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 to the area comprising said street
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
portion of Seventh. Avenue above described, from and after the
passage, approval and publication of this ordinance, shall be
r
vacated, and shall no longer be open or subject to the use of the
public; and thereupon the title to said portion of said street
hereinbefore described shall pass and revert to the persons
dedicating the same or their successors, heirs and assigns, free
of all easement and dedication h'ereto'fore 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 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 street for access to and from said area to main-
tain, 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 portion of said street as
hereinbefore described in 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 Cald-
well, Idaho, by reason of the vacation of a portion of the 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 April, 1972..
APPROVED By the Mayor of the City of Caldwell this
3rd day of April, 1972. 1
ATTEST: Mayor
J .
�` ity Clerk