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HomeMy WebLinkAboutORD 12830 s or BILL NO. 45 ORDINANCE NO. 1 283 BY COUNCILMAN McCLUSKEY AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION OF ORDINANCE NO. 12 ; DETERMINING THAT NO OBJECTIONS TO THE VACATION OF A PORTION OF CEDAR STREET AND THE VACATION OF A PORTION OF SPRUCE STREET WITHIN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, DESCRIBED AS FOLLOWS, TO WIT: Beginning at the Northwest corner of Block 86 of the Mountain View Addition to Caldwell, Idaho, as shown on the official plat of record and on file in the office of the Recorder of Canyon County, Idaho; thence North, 50.00 feet, to the Southwest corner of Block 87 of the said Mountain View Addition; thence East, along the South boundary of said Block 87, 243.18 feet, to the Southeast corner of said Block; thence South, 50.00 feet, to the Northeast corner of Block 86 of the said Mountain View Addition; thence West, 243.18 feet to the Point of Beginning; Also: Beginning at the Southeast corner of Tract 9 of Mountain View Subdivision'No. 2 of Caldwell, Idaho, as shown on the official plat of record and on file in the office of the Recorder of Canyon County, Idaho; thence West, along the South boundary of said Tract 9, 260 feet; thence South, parallel with the East boundary of said Tract 9, 15.00 feet; thence East, parallel with the South boundary of said Tract 9, 260 feet; thence North, 15.00 feet to the 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 A PORTION OF CEDAR STREET AND THE VACATION OF A PORTION OF SPRUCE STREET, 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 CEDAR STREET AND THE VACATION OF A PORTION OF SPRUCE STREET ABOVE DESCRIBED IN THIS CAPTION; PROVIDING THAT THE TITLE TO SAID PORTIONS OF SAID STREETS 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 COM- PRISING 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. 1282 passed by the Council and approved by the Mayor of the City of Caldwell, Idaho, on the 20th day of November, 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 November, 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 Cedar Street and vacating a portion of Spruce Street within the City of Caldwell, Canyon County, Idaho, hereinafter described, subject to the City of Caldwell reserving unto itself and to all utility companies all existing easement rights in the area comprising said streets 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 streets 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 a portion of said streets 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 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 portion of Cedar Street and the vacation of said portion of Spruce Street 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 streets 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 streets 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 streets for access to and from said area to maintain, repair and replace the present exist- ing sewer, power, telephone and gas lines as presently located thereon or therein. Section 3. Be it ordained and established that the portion of Cedar Street and the portion of Spruce 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 said streets hereinbefore 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 streets 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 streets for access to and from said area to maintain, repair or replace the present existing 0 • 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 streets as hereinbefore described in this ordinance, have 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 a portion of the streets j 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 4th day of December, 1972. APPROVED By the Mayor of the City of Caldwell this 4th day of December, 1972. Mayor ATTEST: � . -�Z22Z /' Gi" "nom" City C16Pt