HomeMy WebLinkAboutORD 1281BILL NO.. 43
ORDINANCE NO.
BY COUNCILMAN - Mcauskey
AN ORDINANCE RECITING THE PASSAGE,,APPROVAL AND PUBLICATION OF
ORDINANCE N0. � ; DETERMINING THAT NO OBJECTIONS TO THE
VACATION OF ALL OF THE ALLEY. LOCATED IN; BLOCK 82 OF MOUNTAIN VIEW
ADDITION TO THE CITY OF CALDWELL AS OF RECORD AND ON FILE IN THE
OFFICE OF THE RECORDER OF CANYON COUNTY, IDAHO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1'
OF SAID BLOCK 82; THENCE EAST, 16.00 FEET TO THE NORTHWEST CORNER
OF LOT 20 OF SAID BLOCK 82; THENCE SOUTH, 280.40 FEET TO THE SOUTH-
WEST CORNER OF'LOT 11 OF SAID BLOCK 82; THENCE WEST, 16.00 FEET
TO THE SOUTHEAST CORNER OF LOT 10 OF SAID BLOCK 82; THENCE NORTH
280.40 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 ABO;VF 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 AND ESTABLISHED By the Mayor and Council
of the City of Caldwell, Idaho:
Section 1. That by Ordinance No. :1280 , passed by
the Council and approved by the Mayor of the City of Caldwell,
Idaho, on the 16th day of October, 1972, and published in The
News- Tribune, a newspaper published in the City of Caldwell,
Idaho, in one issue thereof on the 21st day of October, 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
located in Block 82 of Mountain View Addition to the City of
0
Caldwell as of re`',cord and on file in the Office of the Recorder
of Canyon County,' more particularly described as follows:
Beginning at the Northeast corner of Lot 1 of said Block 82;
thence East, 16.00 feet to the Northwest corner of Lot 20 of said
Block 82; thence South, 280.40 feet to the Southwest corner of
Lot 11 of said Block 82; thence West, 16.00 feet to the Southeast
corner of Lot 10 of said Block 82; thence North 280.40 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 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 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
• i
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 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.
1. � • I • -
4
{
Section S. That all ordinances or parts of ordinances
in conflict herewith are hereby repealed.
PASSED By the Council of the City of Caldwell this
6th day of November, 1972.
APPROVED By the Mayor of the City of Caldwell this
6th day of November, 1972.
Mayor
ATTEST:
City er
L