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HomeMy WebLinkAboutORD 1256• BILL NO. 16 ORDINANCE NO. " 12 BY COUNCILMAN 6 A AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION OF ORDINANCE NO. 1252 ; DETERMINING THAT NO OBJECTIONS TO THE VACATION OF THE AY fN BLOCK 27 of SHUEE'S RESUBDIVISION, SAID ALLEY BEING PARTICULARLY DESCRIBED, TO WIT: BEGINNING AT THE WEST CORNER OF LOT 6, BLOCK 27 OF SHUEEIS RESUBDIVISION OF LOTS 1, 2, 3 and 24 OF STRAHORN ADDITION AND LOT 27 OF FAIR ACRES, BOTH OF 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 SOUTHEASTERLY ALONG THE SOUTHWESTERLY BOUNDARY OF LOTS 6, 7, 8, 9 and 10 TO THE SOUTH CORNER OF LOT 10, BLOCK 27 OF SAID SHUEE'S RESUBDIVISION, SAID SOUTH CORNER BEING IN THE EASTERLY BOUNDARY OF SAID BLOCK 27; THENCE SOUTH ALONG THE EASTERLY BOUNDARY OF SAID BLOCK 27 TO ITS INTERSECTION WITH THE NORTHEASTERLY BOUNDARY OF LOT 13 OF BLOCK 27 OF SAID SHUEE'S RESUBDIVISION; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY BOUNDARY OF LOTS 13, 14, 15, 16, 17, 18 AND 19 TO THE NORTH CORNER OF LOT 19 OF BLOCK 27 OF SAID SHUEE'S RESUBDIVISION; THENCE NORTHEASTERLY 16.00 FEET TO THE POINT OF BEGINNING, WITHIN THE CITY OF CALDWELL, 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 SAID ALLEY 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 THE ALLEY ABOVE DESCRIBED; PROVIDING THAT THE TITLE TO SAID ALLEY 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. 1252 , 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 the alley in Block 27 of Shuee's Resubdivision, said alley being particularly described, to wit: Beginning at the west corner of Lot 6, Block 27 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, according to the official plat thereof, on file and of record in the office of the Recorder of Canyon County, Idaho; thence Southeasterly along the Southwesterly boundary of Lots 6, 7, 8, 9 and 10 to the South corner of Lot 10, Block 27 of said Shuee's Resubdivision, said South corner being in the Easterly boundary of said Block 27; thence South along the Easterly boundary of said Block 27 to its intersection with the Northeasterly boun- dary of Lot 13 of Block 27 of said Shuee's Resubdivision; thence Northwesterly along the Northeasterly boundary of Lots 13, 14, 15, 16, 17, 18 and 19 to the North corner of Lot 19 of Block 27 of said Shuee's Res ubdivis ion; lh- .bneNortheasterly 16.00 .feet to the point of beginning; 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 compris- ing 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 alley . 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 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 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 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 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 sustained by any citizen or citizens of the City of Cald- well, Idaho, or by any owner or owners of property therein, by reason of the vacation of the said alley as hereinbe.fore 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 0 • x . , City of Caldwell, Idaho, by reason of the vacation of said alley above described. Section S. That .all ordinances or parts of ordinances in conflict herewith are hereby PASSED By the Council 3rd day of April, 1972. APPROVED By the Mayor 3rd day of April, 1972. ATTEST: 46 V- aA e g ii- � ity Clerk repealed. of the City of Caldweal this of the City of Caldwell this 1 ayor �.