HomeMy WebLinkAboutORD 1310BILL NO. 21
ORDINANCE NO. ` 1310
BY ' COUNCIIWNAN 14i 1,jiam _ .
AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION
OF ORDINANCE NO. `1309 ; DETERMINING THAT NO OBJECTIONS TO
THE VACATION OF AT RUGATION EASEMENT LOCATED IN T & T
SUBDIVISION OF CALDWELL, IDAHO, A REPLAT OF BLOCKS 1 and 2
TO BAY SUBDIVISION AS SHOWN ON THE PLAT THEREOF ON FILE IN
THE OFFICE OF THE RECORDER, CANYON COUNTY, IDAHO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 10.00
FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 1 OF BLOCK 1
OF BAY SUBDIVISION OF CALDWELL, IDAHO; THENCE EAST, ALONG
THE SOUTH LINE OF SAID LOT 1, 5.00 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING EAST, ALONG THE SAID SOUTH
LINE, 101.50 FEET. ALSO:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 2 OF BLOCK 1 OF
SAID BAY SUBDIVISION; THENCE EAST, ALONG THE SOUTH LINE OF
SAID LOT 2, 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING EAST, ALONG THE SAID SOUTH LINE, 101.50 FEET. ALSO:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 1 OF BLOCK 2 OF
SAID BAY SUBDIVISION; THENCE EAST, ALONG THE SOUTH LINE OF
SAID LOT 1, 5.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING EAST ALONG THE SAID SOUTH LINE, 134.24 FEET. ALSO:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 2, OF BLOCK 2 OF
SAID BAY SUBDIVISION; THENCE EAST, ALONG THE SOUTH LINE OF
SAID LOT 2 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING EAST ALONG THE SOUTH LINE, 134.24 FEET.
BE IT ORDAINED AND ESTABLISHED By the Mayor and Council
of the City of 14a#4, Idaho:
Section 1. That by Ordinance No. 1309 , passed by
the Council and approved by the Mayor of the City of Caldwell,
Idaho, on the 15th day of October, 1973, and published in The
News - Tribune, a newspaper published in the City of Caldwell,
Idaho, in one issue thereof on the 20th day of October, 1973,
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
an irrigation easement in T & T Subdivision of Caldwell, Idaho,
a Replat of Blocks 1 and 2 to Bay Subdivision as shown on the
Plat thereof on file in the office of the Recorder, Canyon
County, Idaho, more particularly described as follows: A
strip of land 10.00 feet on each side of the following
described centerlines:
Commencing at the Southwest corner of Lot 1 of Block 1 of
Bay Subdivision of Caldwell, Idaho; thence East, along the
South line of said Lot 1, 5.00 feet to the True Point of
Beginning; thence continuing East, along the said South line,
101.50 feet. Also:
Commencing at the Southwest corner of Lot 2 of Block 1 of
said Bay Subdivision; thence East, along the South line of
said Lot 2, 10.00 feet to the True Point of Beginning; thence
continuing East, along the said South line, 101.50 feet. Also:
Commencing at the Southwest corner of Lot 1 of Block 2 of
said Bay Subdivision; thence East, along the South line of
said Lot 1, 5.00 feet to the True Point of Beginning; thence
continuing East along the said South line, 134.24 feet. Also:
Commencing at the Southwest corner of Lot 2 of Block 2 of
said Bay Subdivision; thence East, along the South line of
said Lot 2, 10.00 feet to the True Point of Beginning; thence
continuing East along the South line, 134.24 feet.
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
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manner for filing claims for damages which would be sustained
by the vacating of said irrigation easement 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 irrigation easement 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 irrigation easement 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 irrigation easement 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 th-e
irrigation easement 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 irrigation easement
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
irrigation easement therein, subject to the City of Caldwell
reserving unto itself and to all utility companies all existing
easement rights in the area comprising said irrigation easement
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
Caldwell, Idaho, or by any owner or owners of property therein,
by reason of the vacation of said irrigation easement 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 irrigation easement above described.
Section 5. That all ordinances or parts of
ordinances in conflict herewith are hereby repealed.
PASSED By the Council of th-e City of Caldwell this
5th day of November, 1973.
APPROVED By the Mayor of the City of Caldwell this
5th day of November, 1973.