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HomeMy WebLinkAboutORD 1330r BILL NO. 20 ORDINANCE NO. 1330 BY _Qo=oilman McClukey AN ORDINANCE RECITING RESOLUTION GIVING NOTICE; DETERMINING THAT THE VACATION OF THE FOLLOWING DESCRIBED PROPERTY, TO -WIT: Beginning at the East corner of Lot 13 of Block 112 of the Strahorn Addition to the City of Caldwell, as shown on the official plat on file and of record in the office of the Recorder of Canyon County, Idaho; thence North 46 0 24'25" West, along the Northeast line of said Lot 13, 127.12 feet; thence North 10 ° 19' East, 19.14 feet, to a point in the Southwest line of Lot 6 of Block 112 of said Strahorn Addition; thence South 46 East, 137.62 feet to the South corner of Lot 12 of said Block 112; thence South 43 ° 36'33" West, 16.00 feet to the True Point of Beginning. IS IN THE PUBLIC INTEREST; PROVIDING THAT THE TITLE TO SAID PART OF THE ALLEY IN BLOCK 112 OF STRAHORN ADDITION TO THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, SHALL REVERT TO THE PERSONS DEDICATING THE SAME, THEIR SUCCESSORS, HEIRS AND ASSIGNS, SUBJECT TO ALL UTILITY COMPANIES AND ALL 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. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO: SECTION 1. That by Resolution passed by the Council and approved by the Mayor of the City of Caldwell, Idaho, on the -_-Rtb- day of m y , 1974, and published in the News - Tribune, a newspaper published in the City of Caldwell, Idaho, in two issues thereof on the day of 'dttx , 1974, and on the day of 1974, notice was given to citizens and owners of property in Canyon County, State of Idaho, within one mile of the boundaries of the City of Caldwell, -1- Idaho, requesting the passage and approval of an ordinance vacating a part of the alley in Block 112 of Strahorn Addition to the City of Caldwell, Canyon County, Idaho, which said lands are hereinabove described, subject to the reservations of all utility companies and 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, if applicable, 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. SECTION 2. That Notice as hereinabove set forth in Section 1 was further given by the City of Caldwell by certified mail with return receipt requested at least ten (10) days prior to the date of public hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the application hereinabove set forth. SECTION 3. That it is hereby determined that it is to the best public interest that the said part of the alley in Block 112 of Strahorn Addition to the City of Caldwell, Canyon County, Idaho, be vacated subject to existing easement rights and further easement rights as hereinabove set forth. SECTION 4. Be it ordained and established that part of the Alley in Block 112 of Strahorn Addition to the City of Caldwell, Canyon County, Idaho, as hereinabove described, -2- - shall be vacated and shall no Longer be open or subject to the use of the public; and thereupon the title to said part of the alley in Block 112 of Strahorn Addition to Caldwell, Canyon County, Idaho, above described shall pass and revert to the persons dedicating the same or their successors, heirs and assigns, subject to existing easement rights in the area comprising easements for sewer lines, power lines, telephone lines and gas lines as presently located thereon or therein, with the further reservation to all utility companies with easement rights in the area 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 5. That all ordinances or parts of I ordinances in conflict herewith are hereby repealed. PASSED BY THE COUNCIL of the City of Caldwell, this 18_th day of dune , 1974. APPROVED BY THE MAYOR of the City of Caldwell, this 18th day of June 1974. f Mayor ATTEST: C` y Clerk 1 -3-